CEL , DCB Legal court claim Received

pooring2002

Thanks for the quick response. I'm sorry but i'm not understanding what you mean by 2 has no ending? How should it end? I just looked at template and other posts and thought they all looked like this?

Do you also mean 3 and 3.1 should be switched around like below now?

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 17/02/2023" (the date of the visit). While the Defendant was the registered keeper, it is denied that they are liable as there is no evidence to confirm a breach of prominent terms. The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all their allegations.

3.1. The Defendant has no recollection of the alleged parking incident on the date in question. It was an unremarkable day with nothing memorable about the circumstances, and the Defendant is unable to recall any event that might relate to the claim. The Defendant cannot confirm whether they were the driver on that day. The Claimant has failed to provide photographic evidence or any other proof that the Defendant's vehicle was parked in breach of terms, or that a Parking Charge Notice was issued and visible on the vehicle. Without adequate evidence, the Defendant cannot verify the validity of the claim. Furthermore, the Claimant has not demonstrated that sufficient signage or terms were clearly displayed and visible to the Defendant or any driver of the vehicle on that day to create a binding contractual obligation. The Defendant also questions the Claimant's right to recover the alleged sums in light of unclear evidence of their legal standing or authority to operate on the land in question.

Hope thats what you meant? Thanks

Gr1pr

Yes,  I meant switch them around in 3, as you have done 

Paragraph 2 does not end with the word keeper at its end, read the template Paragraph 2 again and add your ending after the word keeper 

The template is self explanatory 

1505grandad

The Template Defence have clear suggestions:-

"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.

^EDIT THIS PARAGRAPH If you weredriving, add 'and driver' after the word 'keeper'.

OR if the Defendant doesn't know who was driving, say that.

OR deny being the driver if you weren't: ONLY IF TRUE!

pooring2002

Thank you both, I understand now. I thought it was only added to if I was the driver. So should look like this:

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. The Defendant cannot, at this stage, confirm whether they were the driver on the date in question.

Does that sound ok? thanks

Coupon-mad

Yep all good.

That stage is over once signed, dated and emailed as per the first 12 steps in the Template Defence thread.