Received Claim Form - non-POFA compliant defence question

CosmicLanes

Hi all, I've been reading through a number of posts (including the Newbies thread as best I can - there's tonnes of info and I can't go through it all in detail) and also the template defence. First just to say what a great job you guys are doing on here - keep up the great work!

I'm clearly an idiot and have left this far too late, not for myself but for a member of my family...I said I'd try to help. My poor excuse...haven't been too well of late.

But we are where we are and we (I) have to file a defence by tomorrow, ideally completed tonight to be able to sign, scan etc. (It will be signed by the defendant)

I'll do my best in the little time I have but I was just hoping if someone "in the know" does have time to answer a quick question.

Everything has been ignored thus far but now we're at the stage where we have a Claim Form, pretty standard stuff from others I've seen on here,..

1) Defendant D is indebted to Claimant C, bla bla...

2) The PCN was issued on <the date it was issued>

3) The defendant is pursued as the driver.... bla bla.... 

    Reason: Vehicle remained on Private property in Breach of the prominently displayed terms and conditions

4) In the alternative, the defendant is pursued as the keeper pursuant of POFA 2012 Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 for the total of PCNs and damages.

2. Interest...bla bla..

3.Costs and court fees.

So... the "Date of Issue" on the original notification letter was dated more than 14 days after the alleged parking incident.

From what I've read, there is no way the defendant can be pursued under item 4 as the keeper.

What I am unclear on, and I've read conflicting advice, is whether the defendant has to admit to being the driver?

As far as I see it, if they don't then its almost a slam dunk.

But the template suggests they should admit and if they do then I'm not sure we have a leg to stand on apart from getting what appear to be their added charges down.

Anyway...need to post this.

Thanks in advance - much appreciated - if nobody has the time then no probs I'll submit something - and once again, if nothing else keep up the great work :-)

Fruitcake

Please tell us the issue date of the court claim, and upon what date the AoS was completed.

Use the whole of the template defence including the transcript from the CEL v Chan case. That deals with the inadequate particulars of claim that don't actually specify what the claim is about. The Chan transcript is contained in this thread.

MET Parking taking me to court N1 received Help! - Page 4 — MoneySavingExpert Forum

You also need to include VCS v Edward where the judge said it is unreasonable to assume the keeper was the driver, and it is inappropriate for the court to ask who was driving.

Specialist Small Claims Law Firm: Disputing Parking Tickets and More (contestorlegal.co.uk)

Show us the draft defence (only the parts that have been changed) before you submit it.

CosmicLanes

Hi Fruitcake, thanks so much for the quick reply. Issue date: 4th Jan, AOS was 21/01/2024, received 22/01.
I am getting a strong sinking feeling here...I thought it was 33 days from the AOS ...ie. 6th Feb, but now I'm thinking 14 days from 21st which means I've blown it.

CosmicLanes

Correction...I thought it was 33 days from the Issue date.  Anyway, that doesn't change anything :-(

KeithP

CosmicLanes said:

Hi Fruitcake, thanks so much for the quick reply. Issue date: 4th Jan, AOS was 21/01/2024, received 22/01.
I am getting a strong sinking feeling here...I thought it was 33 days from the AOS ...ie. 6th Feb, but now I'm thinking 14 days from 21st which means I've blown it.

CosmicLanes said:

Correction...I thought it was 33 days from the Issue date.  Anyway, that doesn't change anything :-(

It is 33 days from the Issue Date.

With a Claim Issue Date of 4th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 6th February 2024 to file your Defence.

That's tomorrow.

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'.

CosmicLanes

Thanks Keith P - acknowledged!

I am just trying to pull all this together in my limited time so will post something as soon as I can. Might be a little while though as I'm not the fastest typist and need to figure out how to put this in legalese. I do understand the need to put it in the third-person though.

I'm assuming the CEL vs Chan and VCS vs Edward have to go in paragraph 3 and 4 (with others in the template renumbered) and need some wording around them to put them into some sort of context. 

Also, and this is a turn-up after all this time and at this incredibly late stage...my family member has just provided me with email proof of booking the parking the day before. It was pre-paid. They only over-stayed by 17 mins.
I'm not sure that has any relevance, as probably still falls into the alleged breach of T&Cs.

Anyway, back to it.

CosmicLanes

Ah, there is a paragraph 3 in the Chan link you sent...excellent!
Will use that, and move to VCS v Edward

Coupon-mad

Ok - show us your draft.  You can find the words to copy about the Edward case by searching the forum for:

Gargan Edward Smith

(Always change 'best match' results to NEWEST).

CosmicLanes

Really sorry for the very stupid question....do I copy and paste the whole doc into this comment box or do I upload it somehow. Am searching around for an upload button in the meantime :-)      

CosmicLanes

Ok I'm going to try pasting the whole darned thing...

KeithP

We only want to see those paragraphs you have changed.
No-one is going to read your whole Defence just looking to see if you have changed stuff. Be reasonable.