UKPC sent me another letter

Coupon-mad

Show us your draft based on what the Template Defence advises you to put.

It does say what sort of thing to state.

We can help but we need to see your draft.

babatunde123

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

3. …….This is the part where you speak about your own defence……….

Number 3 is where im not sure whats the right thing to write 

Coupon-mad

Yup but we can only assist when you write something.

babatunde123

The defendant drove inside the parking lot and engine had turned off due to battery issues, where the defendant waited for another person to arrive to jump start the vehicle. Along with this the defendant did not receive any letters of the pcn charge, then received a £170 fine from the claimant as well as letters from solicitors, this fine is extremely high and unjust.

Is this okay?

Le_Kirk

It is not a parking lot!  Receipt of letters after the event do not count as a defence some time earlier, however the fact that you suffered a mechanical failure (well the car did) counts as a small vicissitude.  Look for Jopson v Homeguard and relate that to your case: -

Extract from 9GF0A9E
Neither party was able to direct the court to any authority on the meaning of the word “park”. However, the Shorter Oxford Dictionary has the following: “To leave a vehicle in a carpark or other reserved space” and “To leave in a suitable place until required.” The concept of parking, as opposed to stopping, is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture. Merely to stop a vehicle cannot be to park it; otherwise traffic jams would consist of lines of parked cars. 

Exchange "changing a wheel" for "changing a flat battery" and you have your case!

babatunde123

Le_Kirk said:

It is not a parking lot!  Receipt of letters after the event do not count as a defence some time earlier, however the fact that you suffered a mechanical failure (well the car did) counts as a small vicissitude.  Look for Jopson v Homeguard and relate that to your case: -

Extract from 9GF0A9E
Neither party was able to direct the court to any authority on the meaning of the word “park”. However, the Shorter Oxford Dictionary has the following: “To leave a vehicle in a carpark or other reserved space” and “To leave in a suitable place until required.” The concept of parking, as opposed to stopping, is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture. Merely to stop a vehicle cannot be to park it; otherwise traffic jams would consist of lines of parked cars. 

Exchange "changing a wheel" for "changing a flat battery" and you have your case!

Thank you for this, should i take out the fact i hadn’t received any letters and only mention the changing of the weel

Le_Kirk

Non-receipt of letters is not a valid defence for an event that occurred some time prior!  I thought you had a flat battery not changing a wheel.

Coupon-mad

'Parking lot' is a horrible Americanism.

babatunde123

The defendant drove and stopped his vehicle due to an unforeseen mechanical issue, where the defendant had to change the wheel. This unexpected situation demanded immediate attention for both safety reasons and the well-being of other road users. 

Should i add to this?

Also it says on the claim that i agreed to pay within 28 days?

Coupon-mad

Yes it does state that.  Please ignore that non-point because that phrase is normal (search the forum).

Add that no contract was seen let alone agreed. Say why (was it dark?).