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Defence in court

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. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper.

3.1 Communication with Parking Company and Gladstone Solicitors:

I communicated to Parking and Property Solutions (PPS) that Defendant was not the driver in both instances. Unfortunately, there was no response from PPS. Subsequently, the case was passed to Gladstone Solicitors, and on 23/06, defendant sent an email providing the details of the actual driver who was collecting him and  two toddlers aged 2 and 1 from  home address. Despite providing these details on 01/11/23, defendant received no further communication from Gladstone Solicitors.

3.2 
Stopping in Parking :
On both days, the driver stopped the car in the parking area to assist in loading me and our toddlers from our home address. As the children needed to be loaded safely, stopping elsewhere on the street was not feasible due to double yellow lines and heavy traffic. The driver briefly stopped by the exit door to the building to facilitate the safe loading of the toddlers into the car. After stopping and loading, our intention was to drive away, and this is precisely what transpired. Additionally, due to a broken lift, it was safer for the driver to come to the flat to assist in taking the two toddlers downstairs.

All points 4-30 as in template

Statement of Truth

I believe that the facts stated in this defence are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.



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Comments

  • Vorot
    Vorot Posts: 22
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    Would it be fine like this?

  • Vorot
    Vorot Posts: 22
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    Claim against me contains folliwing

    Defendant
    partieulare of Clalr
    The driver of the vehicle with registration
    ....... (the 'Vehicle') parked in breach of
    the terms of parking stipulated on the
    signage (the 'Contract) at adress
    adress, on 08/04/2023.
    04/04/2023, thus incurring the parking
    charges (the 'PCN's'). The PCN's were not
    paid within 28 days of issue. The Claimant
    claims the unpaid PCN's from the Defendant as
    the driver/keeper of the Vehicle. Despite
    demands being made, the Defendant has failed
    to settle their outstanding liability. THE
    CLAIMANT CLAIMS
    £100 per PCN, £70.00 per PCN contractual
    costs pursuant to the Contract and PCN terms
    and conditions, together with statutory
    interest of £19.33 pursuant to s69 of the
    County Courts Act 1984 at 8.00% per annum
    continuing at £0.07 per day.
  • Vorot
    Vorot Posts: 22
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    Driver was my wife by the way but it was principal for her 
  • KeithP
    KeithP Posts: 37,152
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    Hello and welcome.

    What is the Issue Date on your Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.

    The Particulars of Claim give no indication of what the driver is accused of doing wrong so you would be advised to include the Chan paragraphs in your Defence.
  • Fruitcake
    Fruitcake Posts: 58,012
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    edited 5 February at 2:21PM
    You should expand on the fact that the driver's identity has been given to the claimant but they have persisted in pursuing the keeper, even though they are no longer liable for the charge. 
    The claim against the keeper is therefore vexatious and unreasonable.

    You should also include the judge's comments in Jopson v Homeguard, case number B9GF0A9E, that dropping off/picking up is not parking. This was an appeal case and is therefore persuasive on the lower courts.
    The transcript is available online.

    Note that a defence should be written in the third person, so no me, myself, nor I.


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  • Vorot
    Vorot Posts: 22
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    Issue date 22/01/23
    Aknowledgement sent today 05/02

    to include the Chan paragraphs in your Defence.

    Sorry do not understand what exactly to add

    I am accused of breach of term of parking. Technically despite me living there I do not have permit for parking, so car parked somewhere else
  • Vorot
    Vorot Posts: 22
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    Revised point 3

    The defendant communicated to Parking and Property Solutions (PPS) that they were not the driver in both instances. Unfortunately, there was no response from PPS. Subsequently, the case was passed to the Claimant. On 23/06, an email was sent stating that the defendant wasn't the driver, and all details were provided earlier. The Claimant replied on 01/11 with a request for driver details, which the defendant promptly provided shortly after. Despite this cooperation and the disclosure of the driver's identity, the Claimant has persisted in pursuing the keeper (the defendant), even though they are no longer liable for the charge. The claim against the keeper is, therefore, vexatious and unreasonable.
  • Vorot
    Vorot Posts: 22
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    Revised point 3.2
    3.2 Stopping in Parking Area,
    :
    On both days, the driver stopped the car in the parking area to assist in loading the defendant and their toddlers from their home address. As the children needed to be loaded safely, stopping elsewhere on the street was not feasible due to double yellow lines and heavy traffic. The driver briefly stopped by the exit door to the building to facilitate the safe loading of the toddlers into the car. After stopping and loading, the intention was to drive away, and this is precisely what transpired. Additionally, due to a broken lift, it was safer for the driver to come to the flat to assist in taking the two toddlers
    downstairs. The defendant would like to draw the court's attention to the comments made by the judge in Jopson v Homeguard (case number B9GF0A9E). The judge ruled that dropping off/picking up is not considered parking. This ruling, being part of an appeal case, holds persuasive weight on lower courts. 
    Address of case in Web as I can't post links yet

  • KeithP
    KeithP Posts: 37,152
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    edited 18 February at 7:40PM
    Vorot said:
    Issue date 22/01/23
    Aknowledgement sent today 05/02
    With a Claim Issue Date of 22nd January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 26th February 2024 to file your Defence.

    That's three weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.Don't miss the deadline for filing a Defence.

    Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.


    Vorot said:
    to include the Chan paragraphs in your Defence.

    Sorry do not understand what exactly to add

    I am accused of breach of term of parking. Technically despite me living there I do not have permit for parking, so car parked somewhere else
    Well according to the Particulars you have shown us, other than breaking the rules, they have not said what you did wrong. For example, they are not accusing you of parking without a permit.
    These words from the template Defence thread should help explain what you need to add...

    Most claims do not even state the alleged breach. If yours doesn't state what the breach was, add the paragraphs and judgments seen in the defence by @hharry100  here:

    https://forums.moneysavingexpert.com/discussion/comment/80343627/#Comment_80343627

  • Vorot
    Vorot Posts: 22
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    U mean I should add?? 

    3.3 A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment (transcript below) the Court should strike out the claim, using its powers pursuant to CPR 3.4. 





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