Claim Form help (Motorway Services)

LDast

That is the point. The claimant has failed to particularise the case. The judge is provided with a simple order to force the claimant to abide with the rules. The judge should understand that the defendant cannot defend such simplistic PoC, even is the cause of action is pleaded as the CPR 16.4(1)(a) has not been complied with. Also CPR PD 16.7.3 is not complied with.

If a judge were to allow the claimant to continue without the defendant being allowed to defend, it could lead them open to an appeal for failure to apply the law. Not something any judge willingly wants.

This way, the allocating judge simply completes the order and the claimant is put on the spot with the defendant able to eventually respond, assuming the claimant fully complies with the order. This judge is not some wet behind the ears junior but very long serving and experienced.

I am staring to advise defendants over on FTLA to try this defence. I will report back as and when results start coming in. As I said, this is very new outside of the circuit where this judge works. The results within the circuit where it is already applied have been 100% successful.

Coupon-mad

But it isn't suitable as a one size fits all template defence.  People will undoubtedly misunderstand and fail with this approach, and if cases do get past allocation stage and reach hearings, they've pleaded NO defence.  At all.

LDast

Coupon-mad said:

But it isn't suitable as a one size fits all template defence.  People will undoubtedly misunderstand and fail with this approach, and if cases do get past allocation stage and reach hearings, they've pleaded NO defence.  At all.

I will raise this issue with the judge and report back.

ParallelCircle

Just to confirm, the @hharry100 defence is recommended then?

ParallelCircle

Just to confirm, the @hharry100 defence is recommended then?

ParallelCircle

So if I have understood all correctly, the first four paragraphs are the same as templated and I have added number 5 below. Please can it be looked over to confirm suitability? Thank you so very much!

The facts known to the Defendant:

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 was the registered keeper and driver.

 

5. The defendant entered the parking area in the interests of safety due to feeling very tired and choosing to take a break to overcome this. After a bathroom visit and a walk around the service area the defendant decided they would set a 30-minute timer and have a short sleep. Upon awaking to this timer, the defendant turned it off and immediately fell back to sleep. After an unknown amount of time the defendant awoke again, unsure of their length of time sleeping. The defendant returned to the service area to buy a drink and saw a sign requesting payment for parking over two hours via the GroupNexus app. The defendant, unsure of the length of time they were in the car park, downloaded the app to their phone and attempted to check how long they had been there, assuming the automatic number plate system would give this information. The app successfully installed however upon trying to use it they were met by constant errors and it failed to work (screenshots taken at the time are shown below). After numerous attempts they left the service area car park, expecting a problem of internet signal to be the cause of the constant errors. Later that day the app was tried again and continued to give errors; it was considered faulty after a lot of frustration attempting to get it working, and therefore abandoned.

(PHONE SCREENSHOTS OF GROUPNEXUS APP ERRORS INSERTED HERE)

Coupon-mad

You don't add evidence photos at defence stage.  I think you will be better prepared if you re-read the NEWBIES thread section under the RED CAPITALS heading 'IMPORTANT:  KNOW WHAT HAPPENS WHEN'.

As for your paragraph 5, cut that down to a quarter if what you put there! 

ParallelCircle

Coupon-mad said:

You don't add evidence photos at defence stage.  I think you will be better prepared if you re-read the NEWBIES thread section under the RED CAPITALS heading 'IMPORTANT:  KNOW WHAT HAPPENS WHEN'.

As for your paragraph 5, cut that down to a quarter if what you put there! 

I am unsure how to cut that down to be honest, I thought I had already put the facts fairly simply. Maybe it sounds too much like my witness statement?

Any recommendations what to omit?

I have read that section you mentioned again...I have looked through everything a lot but the no evidence in defence part got past me!

I need to send this off today ideally as my deadline is Monday.

Thank you so much for helping!

ParallelCircle

Can anyone advise? I am anxious to get this emailed ASAP today. Thanks

Le_Kirk

As @Coupon-mad wrote, cut it right down to the bar facts such as, you slept, you woke, downloaded the app successfully but it failed you in your attempts to pay.  The rest you can add, with your evidence, at witness statement stage.