UK Parking control - ZZPS - No PCN letter

queenb123

thank you so much for your help - how about this:

1. The defendant was at the car park with their now deceased son and his sister, and was not aware of any wrongdoing.  The defendant did not see any signage for bay restrictions.

 

2. The defendant did not receive the original PCN and was therefore deprived of an opportunity to appeal any PCN. The defendant feels that they have been denied the right to appeal against a PCN.

 

3. The defendant has been harassed by the claimant to the determent of the defendant mental health. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

 

4. Due to the absence of PCN and a denial of appeal, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. The claimant has claimed that the defendant should have parked correctly within the markings of a bay space, giving no definition of the term 'markings'.

 

6. The defendant has not seen any photographic or video evidence of the allged PCN.

 

7. The claimant has claimed for damages and the defendant is unclear what these “Damages” are

 

8. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

 

 

 

 Please let me know if it makes sense or anything i can add or cut. Thank you.

Coupon-mad

I am confused about the numbering as this section is not meant to start with 1, as you are putting it within a longer template defence.

queenb123

Le_Kirk  said: All paragraphs require a number.

https://forums.moneysavingexpert.com/discussion/comment/80716044/#Comment_80716044

Do i add a number or not pls?

Le_Kirk

queenb123 said:

Le_Kirk said:
All paragraphs require a number.

Do i add a number or not pls?

13. The defendant was at the car park with their now deceased son and his sister, and was not aware of any wrongdoing and The defendant did not see any signage for bay restrictions.

4 2. The defendant did not receive the original PCN and was therefore deprived of an opportunity to appeal any PCN. The defendant feels that they have been denied the right to appeal against a PCN.

53. The defendant has been harassed by the claimant to the detriment determent of the defendant's mental health. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

4. Due to the absence of PCN and a denial of appeal, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. The claimant has claimed that the defendant should have parked correctly within the markings of a bay space, giving no definition of the term 'markings'.

6. The defendant has not seen any photographic or video evidence of the alleged PCN.

7. The claimant has claimed for damages and the defendant is unclear what these “Damages” are

8. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

Yes, I did because you had unnumbered sentences and paragraphs in your defence.  You should find the template defence here and follow the instructions, adding your words into paragraph #3 and changing subsequent numbering to suit.  Some suggestions above; where I have struck through it is because it is either duplication in the same paragraph or it is already in the template.  I suggest you read the template carefully and make sure that what you say is not already in there.  Then post here for critique your added or edited paragraphs.  Do NOT post the whole template here we do not need to check it but, of course, you DO use it all when submitting your defence by email.

queenb123

Guys i really appreciate the help  thank you so much - i am so sorry my disabilty can be debilitating - sometimes words confuse me, please see the new draft and let me know if ok:

3. The defendant was at the car park with their now deceased son and his sister, was not aware of any wrongdoing and did not see any signage for bay restrictions.

 

4. The defendant did not receive the original PCN and was therefore deprived of an opportunity to appeal any PCN.

 

5. The defendant has been harassed by the claimant to the detriment of the defendant's mental health.

 

6. Due to the absence of PCN and a denial of appeal, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

 

7. The claimant has claimed that the defendant should have parked correctly within the markings of a bay space, giving no definition of the term 'markings'.

 

8. The defendant has not seen any photographic or video evidence of the alleged PCN.

 

9. The claimant has claimed for damages and the defendant is unclear what these “Damages” are.

 

10. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

Coupon-mad

Looks fine as long as the rest of the template (from para 4 but suitably re-numbered) follows.

queenb123

ok thank you - ii will change the details above - but is this what i finally submit:

Coupon-mad

Well no, not just 10 paragraphs otherwise you haven't used the template defence & may as well have just written it yourself, if that's all you plan to email (and there's no statement of truth or signature).

That's about a third of it (but don't show us the template please - just use all 35-odd paragraphs).

Mikeh2001

and change the "full name of parking firm..." and "Defendant name on claim..." to the claimant and defendant EXACTLY as stated on the claim form from the court (just don't post it here). 

forgive me if that was already obvious, but I didn't want you to miss it!

queenb123

ok thanks - the template is a bit confusing as it also contains and names and refeences of other companies that has nothing to do with my case - do you have an exmplate of a template that has been complted so i know what to add after paragraph 3 please?