County Court claim

Gr1pr

Just adapt paragraphs 2 and 3, leave the rest untouched 

Post your proposed paragraphs 2 and 3 below, for advice and critique 

Once your homework has been approved, you slot them back into the template defence in place of the existing paragraphs 2 and 3, meaning that all the ones that you didn't change are also included in the final pdf document that you will be attaching to your email submission before your deadline 

For a start you will state that the defendant paid for parking and has proof of payment 

The defence template is not pick and mix , all of it is used 

Clairelouise85

Just to confirm this is the template to use for submitting my defence 

Clairelouise85

Also would anybody recommend contacting euro car parks directly stating I into to go to court and defend my case ?

KeithP

Clairelouise85 said:

Also would anybody recommend contacting euro car parks directly stating I into to go to court and defend my case ?

No. Why? They've passed the matter to DCB Legal Ltd.

Grizebeck

Clairelouise85 said:

Also would anybody recommend contacting euro car parks directly stating I into to go to court and defend my case ?

Why what do you think this will achieve 

Coupon-mad

Clairelouise85 said:

Just to confirm this is the template to use for submitting my defence 

Yes of course. It's the only Template Defence.  You know how to amend paras 2 and 3 because I tell everyone what to put.  It's really simple and it tells you where your facts go.

Clairelouise85

The facts known to the Defendant:

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. On the 06/12/2022 the defendant and vehicle was parked at EURO CAR PARKS Lionel street Birmingham. The defendant bought a parking ticket for a full day parking at the machine with full intentions to pay for the days parking.

 The parking was purchased to enable the defendant to go to work at a local NHS dental practice located not far from the car park.

The defendant didn’t not realise the machine had not logged the correct registration plate number.

 The defendant believes this was the machines error and paid for the relevant parking with good intentions and in good faith.

The defendant has proof of payment with a ticket purchased and a bank statement showing proof of payment for the correct amount of paid parking needed for that day.

 

Coupon-mad

OK (although the above should be one paragraph, not several unnumbered ones). Now add the usual paragraph of POC denial as paragraph 4.  I was hoping you'd have found it when reading other exact same threads, because I hate providing links. It stops new posters browsing the forum which is a bad thing.

But in the spirit of the Season, here's one but please look around and read more (saves us from having to reply with the same stuff on thread after thread):

https://forums.moneysavingexpert.com/discussion/comment/81139187/#Comment_81139187

Then follow the first 12 steps in the Template Defence thread so that you don't need to ask about the DQ questions or the laughable Mediation phone call.

We hope that we are only needed again by Defendants at WS & evidence stage next year.

Clairelouise85

 

3. On the 06/12/2022 the defendant and vehicle was parked at EURO CAR PARKS Lionel street Birmingham. The defendant bought a parking ticket for a full day parking at the machine with full intentions to pay for the days parking. The parking was purchased to enable the defendant to go to work at a local NHS dental practice located not far from the car park. The defendant didn’t not realise the machine had not logged the correct registration plate number. The defendant believes this was the machines error and paid for the relevant parking with good intentions and in good faith. The defendant has proof of payment with a ticket purchased and a bank statement showing proof of payment for the correct amount of paid parking needed for that day.

4, Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 06/12/2020" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.

.

Coupon-mad

Easy innit?!