Link Parking Claim

Coupon-mad

All your paragraphs need a number.

Please only show us your paragraphs.  Not the whole template pleeeease... it stops people reading it if we have to look at our own work and then work out what you might have added.

Savosmee

Sorry I didn't understand I thought you wanted to see the whole thing. Of course I'll put the only bit I've added below:

" 2. The Claimant has sent different letters to the Defendant’s address using the address “XXX” but recently it seems they changed it to “Flat XX XXX”. The Defendant’s address has always been “XXX” since the time the alleged breach occurred and where the vehicle xxx has been registered with DVLA at all times the Defendant was the registered keeper of the vehicle. This was the only address known or used by DVLA. The Defendant has also used that same address in their reply dated 16 October 2023 to the Claimant’s solicitors Letter of Claim, specifically confirming her address as “XXX”. In her reply to their Letter of Claim, the Defendant also provided the Claimant and their solicitors with her personal email address on top of confirming her postal address which they ought to know. Surprisingly, the Claimant has nonetheless used a different address when it seems completing the claim form using “Flat XX XXX” for the Defendant’s address for absolutely no valid reasons as the Defendant has not changed address since then nor did the Defendant informed the Claimant or their solicitors about a change, quite the opposite as in her reply dated 16 October 2023 the Defendant confirmed her address in full twice. As a result of the use of the wrong address by the Claimant on both their Letter of Claim and their claim form, the Letter of Claim did not arrive to the Defendant’s address initially, but to a neighbour’s address. The Defendant was extremely lucky that the neighbour provided the letter to the Defendant but only a few days before the deadline to respond to that letter. Similarly, the Defendant only found out about the Claim being issued against her through an email from the Claimant’s solicitors dated 04 December 2023 informing her that a Claim has been issued against her. As the Claimant did not include the Claim Form in that email at all, where they could have, and the Defendant did not agree to the service of proceedings by email in any case, the claim should be struck out as it is invalid. The Defendant then had very little time to file an acknowledgment of claim, with barely any information about the claim as none was provided by the Claimant’s solicitors other than the Claim number.

The Defendant argues that the claim should be struck out as the wrong address for the Defendant has been used and considering the Claimant had the Defendant’s valid address at all times there are absolutely no valid reasons for the Claimant to have used a different address on the claim form. This is further supported by the fact that the Claimant’s solicitors have emailed the Defendant on 04 December 2023, which confirms the fact that they received the Defendant’s letter of reply dated 16 October 2023, from their Letter of Claim, as this is the only letter where the Defendant has provided their email address to them. This Letter from the Defendant confirmed her postal address in full that is “XXX” only and twice, which has never been different since the alleged breach occurred.

3. The facts in this defence come from the Defendant's own knowledge and honest belief.  The Claimant failed to provide to the Defendant their Particulars of Claim as they did not provide any Claim Form at all to the Defendant. 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 xxx is recognised and it is admitted that the Defendant was the registered keeper at the time. 

4. The Claimant did not follow the Pre-action Protocols as, following the service of its Letter of Claim, and the subsequent reply by the Defendant in a timely manner, the Claimant and their representatives failed to respond to the Defendant at all and completely ignored that reply and all the various information and requests in the Defendant’s letter. The Claimant then proceeded to directly issue its claim against the Defendant, albeit using a wrong address as well. As a result, the Defendant requests that the Claimant be ordered to pay additional costs resulting from his failure, that other sanctions be applied and that no legal costs be awarded to the Claimant in any event.

Primacy of contract:

7. As per the terms of the lease of the Defendant, the Defendant had a right to park as follows:

“The right to use the Visitor Car Parking Spaces on the basis that:

(i) they are solely for the use of visitors to the Property for the parking of one motor vehicle only

(ii) they are used on a “first come first served” basis

(iii) they are used on a temporary basis only and no vehicle may remain parked for a consecutive period of more than 24 hours

(iv) It is agreed and declared between the parties that this clause does not grant an exclusive right to use the Visitor Car Parking Spaces”

The Defendant denies that the vehicle with registration number xxx from which the Defendant was the registered keeper has been parked for a consecutive period of more than 24 hours. The Claimant has failed to evidence that the vehicle was parked for a consecutive period of more than 24 hours. The photographs that the Claimant has produced of the vehicle at two different dates clearly evidence that the vehicle is parked in a different manner on the parking spot on each picture therefore evidencing that the vehicle has moved from the parking spot before parking again since the first picture was taken. It therefore further supports the Defendant’s claim that the vehicle in question was not parked in the Visitor Car Parking space for more than a consecutive period of 24 hours.

Coupon-mad

You have paragraphs without numbers.  I'm also confused about your para 2 because there's already a template para 2.

Savosmee

Hi all,
I managed to communicate with the Civil National Business Centre at the end of February through their email address and they replied to me to confirm that they had indeed sent the questionnaire to me by post but I never received it. When they replied the deadline had already passed by a few days but they accepted that I sent it back the questionnaire back to them still, so I did so the same day.
But since then I have not heard anything back from them at all, no letter nothing and it's been almost 2 months so I imagine a hearing date may have been decided already? I have tried asking them through their email address again in early March but they never replied to me and now I can see that their email address no longer works. I have tried to call and I call almost everyday, being put on hold indefinitely and nobody ever picks up the phone. I am worried that the hearing date may be near and would take place without me even knowing about it...
Would you have any advice on what I could do?
Many thanks

KeithP

What does your MCOL Claim History say?

That History will be updated when the Claim is transferred to a hearing court and you will then be able to ask that hearing court what's going on if they haven't written to you. At that time the CNBC has no further part to play with your case.

Savosmee

I am unable to access MCOL.
The password I was given does not seem to work...

KeithP

Savosmee said:

I am unable to access MCOL.
The password I was given does not seem to work...

OK, then ring the hearing court and ask them if they know anything about Claim Number 'whatever' and what is the state of play.

Savosmee

Ok I will call them tomorrow, thanks, good point. Do they always allocate the case to the Court you request on the questionnaire?

KeithP

Savosmee said:

Do they always allocate the case to the Court you request on the questionnaire?

Yes. If you are an individual facing a company then your choice is honoured.

Coupon-mad

Or send an email to 'case progression' at the CNBC (as you saw when you reviewed the first 12 steps in the Template Defence thread).  The first steps are all there.

Mark it in the subject line FTAO the manager, and with the claim number.