Ipserv / BW claim

roo0713

Here's the improved version  

5. The Defendant recalls that on the dates mentioned on the POC, she was using the vehicle to visit a community event.

6. The Defendant observes that in a claim alleging a “breach of contract”, the lack of statement as to what that conduct was, what the terms were, what the breach was, nor even where the alleged conduct took place (no car park location for either charge is given on the POC) must surely mean that the claim must be struck out.

Despite them not mentioning a location on the POC, is it worth still keeping Paragraph 5 to explain how I used the car on both dates? I've removed any reference to parking, and Paragraph 4 still says that I was the driver.

Coupon-mad

Same advice as this one:

https://forums.moneysavingexpert.com/discussion/comment/80482225/#Comment_80482225

roo0713

Thanks for that @Coupon-mad - that claim appears to be signed by the same rep as mine! I wonder how many more claims with poorly worded POC like this will come through from BW...

Here's how the defence looks now. I've removed 'driver' and why I used the car, and added in Paragraph 6 that you suggested from that thread:

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 is the registered keeper.

5. The Defendant observes that in a claim alleging a breach of contract, the lack of statement as to what that conduct was, what the terms were, what the breach was, and where the alleged conduct took place (no car park location is given on the POC) means the claim must be struck out.

6.  In the event that the allocating Judge does not dismiss the claim due to all of the above issues (including the appeal authority) the Defendant will be reduced to guessing how to respond to the non-specified allegations and having to assume what this case might be about.  Even the alleged dates of breach(es) are unclear: the POC merely says 'between 20/08/2022 and 21/08/2022' and absolutely fails to narrow the issues.

Coupon-mad

As you are adding no facts you could state at the end there:

If this claim is not outright dismissed for significant CPR failures, the Claimant should be required to serve full and better particulars with detailed allegations, and then the Defendant be allowed to amend this defence.

But did you miss what I suggested as para 7 on that other thread?

https://forums.moneysavingexpert.com/discussion/comment/80482623/#Comment_80482623

roo0713

Coupon-mad said:

As you are adding no facts you could state at the end there:

If this claim is not outright dismissed for significant CPR failures, the Claimant should be required to serve full and better particulars with detailed allegations, and then the Defendant be allowed to amend this defence.

But did you miss what I suggested as para 7 on that other thread?

https://forums.moneysavingexpert.com/discussion/comment/80482623/#Comment_80482623

I've added that in at the end of Paragraph 6 now. With what you said in Paragraph 7 in that thread, I'm not sure how I'd include that as it's mentioning railway byelaws -  would only this part be okay?

7. It is neither admitted nor denied that there was any breach of terms, or that the unspecified location is 'private land' because the POC are woeful gobbledegook.

Coupon-mad

Yes go for it.

roo0713

Hi all,

I sent it off to the email address outlined in the defence thread (signed and dated today), but I haven't received any acknowledgment straight back? Is it usually meant to come through immediately or can this take a while? 

The only other thing I can think of is because of me sending it through Gmail... would I be okay to send it again from an Outlook address? (the Gmail one is where my MCOL account is registered)

KeithP

roo0713 said:

Hi all,

I sent it off to the email address outlined in the defence thread (signed and dated today), but I haven't received any acknowledgment straight back? Is it usually meant to come through immediately or can this take a while? 

The only other thing I can think of is because of me sending it through Gmail... would I be okay to send it again from an Outlook address? (the Gmail one is where my MCOL account is registered)

Send it again via Outlook. You will receive an instant acknowledgement.

roo0713

Same thing again unfortunately… looks like the CCBC systems are in fact proving to be dysfunctional!

Coupon-mad

No it works but you need to use a different email.