Defence guidance, DCB Legal , Spring Parking LTD

Gr1pr

The defence should be concise, third person, no me or I or my etc 

Leave complex or long explanations for the WS in several months time 

Aia

Gr1pr said:

The defence should be concise, third person, no me or I or my etc 

Leave complex or long explanations for the WS in several months time 

thanks English is not my strong point. I have cut it down to the following:

Paragraphs 3 and rest to be numbered, Properties names have been changed.

3.The vehicle was parked next to HE Hall, The Defendant was attending the Hall.

4.M House was a derelict building in 2019 and is still to this present day. Access to HE hall , is via a one way access road

5.No signage about parking is visible or passed to where the vehicle was parked

6.Behind where the vehicle was parked, is a mesh fence, there was and still today no signs indicating parking restrictions or any other signage on the wall of HE Hall, which the vehicle was facing there is also no signage by the Claimant.

7.The lack of signage and the vicinity of where the vehicle was parked it is believed by the defendant the vehicle was parked in an area used by visitors to the hall whose building entrance was opposite. There is no signage about parking restriction at the entrance or exit of the area to the main road.

8.The defendant was not aware and could not be aware a parking permit was required in the area and believes there was no parking restriction where the vehicle was parked due to the lack of signage.

Coupon-mad

I think it is still too repetitive. You only need one paragraph about unclear signs/no contract. In fact, your para 8 could be your facts para 3 on its own!

What have you said in para 2 of the template about who was driving?

Aia

Coupon-mad said:

I think it is still too repetitive. You only need one paragraph about unclear signs/no contract. In fact, your para 8 could be your facts para 3 on its own!

What have you said in para 2 of the template about who was driving?

ok, so i cut it all out as it was not to the point.

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 and driver.

 

3.The defendant was not aware and could not be aware a parking permit was required in the area and believes there was no parking restrictions where the vehicle was parked due to the lack of signage.

Edit

Wait should I not say why I was there, and start 3. with

"The vehicle was parked next to HE Hall, The Defendant was attending the HE Hall."

LDast

Aia said:

Wait should I not say why I was there, and start 3. with

"The vehicle was parked next to HE Hall, The Defendant was attending the HE Hall."

Because you are only answering the poorly pleaded particulars of the claim. The PoC only state that the vehicle did not have a permit. The defendant simply states that they were not aware they needed a permit.

All the detail of why the D was not aware will be provided in the WS. If the D was not aware, then the signage must be deficient and if the signage is deficient, no contract can have been formed… and so on.

Aia

Just an update, I have the telephone mediation appointment coming up. My appointment date was changed and I received an email to tell me. I also contacted the mediation number to check the details, as I had submitted a delegated authority form so they would be contacting my family member instead of me to take the call.

We had to update the details over  the phone as they had not got the new details, even though I received the generic reply email from them when I submitted the form via email approximately a month ago.

How much details do I need to go in to when summarising my defence? to the mediator.

Is one line sufficient?

"There was a lack of signage", I could also add "their own evidence does not include any photos of signage".

I will be offering zero. So I assume the call will end shortly after.

Gr1pr

That last sentence is sufficient, you believe that you have a good case so want it to be heard by the judge 

Mediation is not about your defence, they aren't legally qualified, it's about negotiation and compromise, but your compromise is £0 and both sides walk away 

So as mentioned by coupon mad in the following thread 

https://forums.moneysavingexpert.com/discussion/6565543/dcb-legal-hospital-parking-staff-permit#latest

Aia

The mediation call happened, it was about an hour after the start time, The mediator already understood my defence, so I didn't need to repeat it. They wanted £300+ and I offered zero. And that was the end of that.

I phoned the the CNCB today and asked for an update, they have told me I have been sent a letter (they gave me the date) last week to tell me that it was going to court. I have not received it yet and was a bit stumped.

Reading the other post by @Mrdtt

Who has uploaded the letter they received. It seems the claimant will need to pay a court fee now by a certain date, but before that date I will need to send in my witness statement. Are there standard timescales for submitting my witness statement from the date of the letter? Its seems to be 28 days from the other post.

When I received the SAR (subject access request) photos. They showed my vehicle at night, but did not show any photos of any signs. I believe that's because it was not visible at night. Are they not meant to show the sign as part of the evidence sent to me? Edit, ok I just realised that I would need to see their witness statement, but they could send it very late to me.

Is the claimant now waiting to see if I submit a witness statement before paying the court fee?

Coupon-mad

Aia said:

The mediation call happened, it was about an hour after the start time, The mediator already understood my defence, so I didn't need to repeat it. They wanted £300+ and I offered zero. And that was the end of that.

I phoned the the CNCB today and asked for an update, they have told me I have been sent a letter (they gave me the date) last week to tell me that it was going to court. I have not received it yet and was a bit stumped.

Reading the other post by @Mrdtt

Who has uploaded the letter they received. It seems the claimant will need to pay a court fee now by a certain date, but before that date I will need to send in my witness statement. Are there standard timescales for submitting my witness statement from the date of the letter? Its seems to be 28 days from the other post.

All of this is set out already, under the massive red capitals heading in the second post of the NEWBIES thread "IMPORTANT: KNOW WHAT HAPPENS WHEN".

And as a SAR only obtains your personal data, that would never include evidence of signage because a sign isn't your personal data.

There's no need to ring the CNBC, who are no longer involved.  You won't get a court date until your local court sends you that Order in 2025.