claim form for parking - DCB legal

greatsag

Hi
how to find his defence? Do I just click on his name? I don't know how to find it 

Coupon-mad

Yes.  That is why it's a link.

Umkomaas

greatsag said:

Hi
how to find his defence? Do I just click on his name? I don't know how to find it 

Yes, click on the name which will take you to his Profile page. Once there, click on the green Reactions button to take you to his thread. 

UncleThomasCobley

When you find the correct defence template, as this is a DCB Legal filed claim, you must add the following as paras #2 and #3 and then renumber all the subsequent paragraphs:

Preliminary matter: The claim should be struck out

2. The Defendant draws to the attention of the allocating Judge that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal).  The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based in the following persuasive authority.

3. A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4

greatsag

Claim No. XXX

 

Parkingeye

(Claimant) 

- and -  

XXX

 (Defendant)

_________________

DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was in breach of any term. Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

2. The Defendant draws to the attention of the allocating Judge that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal). The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind. Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction. By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based in the following persuasive authority.

3. A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.

5. It is admitted that the Defendant was the registered keeper of the vehicle in question. The Defendant was not the driver of the vehicle on the date in question. As the defendant was working that day in the usual place of work which is 25 miles away from the place where the claimant mentioned, the defendant is more than happy to produce a witness statement from the organisation that will illustrate that the Defendant was working the usual place of work on the mentioned date.

6. On 09/12/2022 at 13:47, the defendant made a telephone call to the Claimant/Solicitors (DCB legal LTD- The defendant knows the name of the person who received the call - The defendant is not sure can write the name here ) and informed them that the defendant was not the driver for that day and given the name of the driver. The defendant requested to record the calls as it would be useful in case the case goes to court. They informed me that the calls are recorded and will be available at any time.

7. Accordingly it is denied that:
(a) there was any agreement as between the Defendant or driver of the vehicle and the Claimant
(b) the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.
(c) the Claimant has suffered or incurred any 'damages or indemnity costs if applicable'

8.  In summary, the particulars of the Claimant disclose no legal basis for the sum claimed and it is the position of the Defendant that the poorly pleaded claim discloses no cause of action and no liability in law for any sum at all. 

greatsag

Please help me I have tried my best 

KeithP

The full name of the Claimant is Parkingeye Limited.

greatsag

Thank you 
is this defence ok?

Coupon-mad

That's not the whole defence is it, because you are using the template defence plus the wording about the CEL v Chan case (you are also meant to include the transcript as an image in your defence).

So you'll have a good 30 paragraphs.

Please reassure us you haven't copied Rory's paragraph about the claim quantum being two thousand pounds, as I was shocked to see three posters did today.

greatsag

Honestly, I don’t know what else I should write ? 

Is the above not enough?. Please help me