No blue badge at Primark Lakeside

bobbstar21

4. 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.

5. The defendent and his family were shopping at lakeside shopping centre where parking is free.

-----

Is this sufficient?

Coupon-mad

No.

You must respond to the allegation in the claim. Also mention your attempts to resolve the dispute a year ago and that the Claimant knows you have a Blue badge, and should have recognised your disability need when you got in touch. They failed to make a 'reasonable adjustment' which is their statutory duty as a service provider.

You told us this.  Why on earth wouldn't you tell the Judge the important facts?

I tried appealing today but got the message "This PCN has been transferred to our Debt Recovery Agent
Please contact us if you wish to enquire about this PCN

bobbstar21

Sorry, what am I missing? I have acknowledged the claim and said I would be defending it. Now I am following the defence template. I can't see anywhere else where I need to add in my own account.

Coupon-mad

See my edit above.

bobbstar21

Thank you @Coupon-mad

4. 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.

5. The defendent and his family were shopping at lakeside shopping centre where parking is free. The defendent contacted the landowner on 25/11/2023 in response to the parking charge - he explained that his wife is a blue badge holder with stage 4 lung cancer however there was no response. When the defendent tried to appeal the claim on 03/12/2023, the online portal showed the message "This PCN has been transferred to our debt recovery agent". The claimant has been quick to move this to debt recovery and did not provide sufficient time to appeal this. 

-----

Is this sufficient?

Coupon-mad

Yes, if you have the Chan images in your actual word doc above that bit.  Once signed & dated, save it as a PDF and email it as the Template Defence first 12 steps explains.

Then read the rest of the first 12 steps.

bobbstar21

Great, thank you!!

bobbstar21

This has been sent and auto reply has been received. Waiting on direction's questionaire now

bobbstar21

I've gotten 2 questionnaires - one from the solicitors and one from the court.

Who do I send them to? And it says to make copies and send to all parties? Seems odd to me that I need to make copies

Fruitcake

Obviously you don't touch the one from the claimant's solicitors with a 3.2 m bargepole.

I imagine you need to send the N180 to both the court and claimant's solicitors, but I also imagine the guidance on where to send it is included in the guide to court and the twelve step guide in the Template Defence sticky Announcement.