URGENT claim form not driving

artistic_cozmo

Hello all,
 My defence is due Monday 20th July 4pm. 

My partner has asked me to post on his behalf:

I received a claim form for parking in a car park and not paying for the parking session. The claim form is in my name however I was not driving. Can someone please check my defence below? I am not sure what to write apart from the fact I was not driving but I don't know if this is enough in paragraph 3? Thank you
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. The defendant is the registered keeper however the defendant denies driving the vehicle. 

3. The defendant was not the driver at the time of this event and therefore can not be held liable to pay the parking charge. 

4. In order to impose an inflated parking charge, as well as proving a term was breached, there must be:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(Ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

KeithP

artistic_cozmo said:

Hello all,
 My defence is due Monday 20th July 4pm. 

Apart from the fact that 20th July wasn't a Monday, you've already missed that deadline by a week.

Check your MCOL Claim History - you may well find there is already a Judgment against you.

Gr1pr

Name of actual parking company. ?

Name of solicitors. ?

Issue date on the claim form. ? 

AOS date. ? ( Check MCOL claim history. )

Was the NTK PCN letter fully compliant with POFA 2012. ?  Yes or No. ?

If yes, then not being the driver is no defence to the POC, POFA can attribute liability to the non driving RK

KeithP

Apart from that, why have you abandoned your earlier thread about these two parking events?

I now see that your Defence filing deadline is actually 4pm on Monday 29th July.

Gr1pr

To A C
In that case please stick to the original thread and you can report this one for deletion, not required, thank you 

artistic_cozmo

ok dokie, I thought it might be confusing talking about 2 claims on one thread but if not I will continue on there.

Le_Kirk

You are right to have two separate threads for two separate claims, please make sure that there are two different claims and put something in this thread to differentiate it from the other one, NOT the claim reference number; and then do the same for the other thread.  The claim issue date is always handy to show us and then @keithP can give you an accurate deadline for the defence.

artistic_cozmo

hey everyone,

My court hearing has been scheduled for 11 Feb but I will be away visiting my ill relative.
I know you can reschedule it up to 14 days before the 11 Feb without having to pay a fee (with consent of the claimant) but I will be on holiday during most of that time and I also don't know if the claimant would agree to changing the date.

If I reschedule it until after 11 Feb, I have to pay a fee.

Will I be at a disadvantage if the court hearing goes ahead and I am not there?

I am also starting my witness statement today. I wasn't driving the car. 

artistic_cozmo

can anyone link a witness statement for someone who was the registered keeper but not the named driver please?

Coupon-mad

No link is possible because some WS are and some aren't written that way (all standard really whether you were driving or not, just change your facts to suit/write that story yourself).

But I can say that recent WS that won are in threads by:

@Harry77

@Defendant911

@imulsion

We can see that is a DCB Legal POC so the will discontinue anyway (no need to change the date or alert them to your non-attendance).  Unless the parking firm is Spring Parking?

You need to answer the questions by @Gr1pr that they asked above, 6 months ago.

artistic_cozmo

Hi,

Was emailed this form so I take it the case has been discontinued? I am abroad so I will call the court when I am home to confirm discontinuation is the case! It was Britannia Parking. Paralegal is L Bridle.