Second N1SDT form - more help please

Coupon-mad

The Template Defence para 4 already covers that final point, so it isn't needed.

Para 6 would be actively helping the Claimant's case, and they haven't pleaded 'wrong location paid for' so don't add to their case.  Save that detail for WS stage.

No need to change the word 'facts' in that paragraph you quoted.  That's talking about facts in the sense if pleadings and is correct.

rexmonday

Amazing, thank you... currently the defence reads as follows:

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').

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.

3. It is admitted that at all material times the Defendant is the registered keeper and probable driver of vehicle registration mark HV70 UHG which is the subject of these proceedings.

4. It is admitted that on 16/12/2022 the Defendant’s vehicle was parked at Roomes Car Park, RM14 2YX.

5. The Defendant denies the assumptions set out by the Claimant in the Particulars of Claim, as at the time the Defendant believed that parking charges had been paid via the RingGo app.

6. The Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge, as well as proving a term was breached, in addition to evidence there must also be:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

7. The Defendant denies (i) or (ii) have been met. The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished.

Exaggerated Claim and 'market failure' currently being addressed by UK Government

8. The alleged 'core debt' from any parking charge cannot exceed £100 (the industry cap).  It is denied that any 'Debt Fees' or damages were actually paid or incurred.

[REST OF TEMPLATE DEFENCE]

Coupon-mad

That'll do. 

rexmonday

Thank you SO SO SO much for all your help, on this thread, and my other one. I'm going to get these defences signed and submitted, and enjoy Christmas without the worry of having to spend a fortune on these awful "fines". Thank you again!

rexmonday

Good morning all.

Quick question. I am extremely likely to receive a formal job offer tomorrow, with the contracts arriving by the end of the week. Will this N1SDT form show up on any checks that the hiring company will perform? I'm a little concerned it's going to have an impact.

Thanks

JerryJ64

This is a civil matter, not a criminal one. The fact that someone has issued a civil claim against you will not appear anywhere. Even if you were to lose the claim and received a CCJ, as long as the CCJ was paid (satisfied) within 30 days of the judgment, it would be completely expunged from your credit file.

rexmonday

Thank you for your reply... so, just to confirm for my peace of mind, there is no way, whatsoever the hiring company would be aware of this matter?

JerryJ64

Only if they had you under observation and had access to your correspondence and had bugged your home. Take the tin-foil hat off and stop worrying. This is a simple civil matter and until you have a county court judgment against you which remains unsatisfied after 30 days, there is no record of this anywhere available to anyone outside of MI5, the CIA or anyone else you care to imagine.

rexmonday

Good morning all. Apologies if this has been covered elsewhere on the forum; I've tried to search but I can't find a definitive answer. 

In response to the claim discussed in this thread, I've received an N149A Notice of proposed allocation to the Small Claims Track form and a N180 form which needs to be completed and filed by 19 February. I've followed the posts that advise on how to answer this form, but can't seem to find anything on the best way to submit it. Do I submit by post, by email, is there an online version? I want to make sure I submit in the correct way, so there's absolutely no error on my part

Many thanks
Rex

KeithP

rexmonday said:

Good morning all. Apologies if this has been covered elsewhere on the forum; I've tried to search but I can't find a definitive answer. 

In response to the claim discussed in this thread, I've received an N149A Notice of proposed allocation to the Small Claims Track form and a N180 form which needs to be completed and filed by 19 February. I've followed the posts that advise on how to answer this form, but can't seem to find anything on the best way to submit it. Do I submit by post, by email, is there an online version? I want to make sure I submit in the correct way, so there's absolutely no error on my part

Many thanks
Rex

Of course this has been discussed before. Every case that proceeds to court goes through the Directions Questionnaire stage. With that in mind you would surely expect to be able to read something about it on this forum - and indeed you can.

Go back to that check list you were following when you filed a Defence. The answers you are looking for are there.