How to defend myself without being able to recall the situation?

Coupon-mad

Did you do the search I suggested in bold above, to find how to word your paragraph 3?

But DON'T copy entire defences that aren't from 2024.  Just the 'unremarkable day/5 years ago' wording gets slotted into the current Template Defence and you follow the 'first 12 steps' set out in that dedicated thread.

Foreigner94

Coupon-mad said:

Did you do the search I suggested in bold above…?

Will do after work, didn’t expect to get answers so quickly

Coupon-mad

We are quick and we've seen it all before!  You are in safe hands.

Foreigner94

Hello everyone! So I am currently drafting my defence and thought will check back in

Since English is not my first language I just coppied one of the defences (paragrapghs 2 and 3) from another forumite that match my case. I genuinely do not remember if I was driving or can recognise the location from the DCB legal letters. Anything to add or to remove?:

2. "..." However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper of the vehicle in question, but liability is denied. It is further denied that the Defendant was the driver of the vehicle.

3. Due to the length of time, the Defendant has little to no recollection of the days in question, which were unremarkable. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was or was not driving on that unremarkable day over 3 years ago. It would not be reasonable to expect a registered keeper to be able to recall the potential driver(s) of the car some years later. In any case, there is no such obligation in law and this was confirmed in the POPLA Annual Report 2015 by parking expert barrister and Lead Adjudicator, Henry Greenslade, who also clarified the fact that registered keeper can only be held liable under the POFA Schedule 4 and not by presumption or any other legal argument.

The rest (ALL) of the defence I copied the whole thing from the draft provided (thank you for that!).

If I understand correctly after submitting my defence I will be awaiting the call from the mediator? How does that work for people who works full time and has no access to a phone at work? Also do they offer interpreters?

Sorry in advance for so many questions

Coupon-mad

Remove this, because in 3 you've said you don't know:

It is further denied that the Defendant was the driver of the vehicle.

The rest is all good.

I think the Mediation papers allow you to get someone to represent you on the Mediation call.  Choose a friend with good English who will say confidently:

'Hello Ms Mediator.  Nope. No, and more no. NO OFFERS WILL BE MADE.  Mr xxxxx will offer nothing because Mediation is not suitable to rogue private parking charges.  There is no debt. Tell the Claimant to get lost. Goodbye'

Foreigner94

Hi all! I received my DQ N180, and planning to send it by email instead of post. I will be sending it to DQ.CNBC@justice.gov.uk, and will CC the claimant on the same email.

Am I CCing the DCB legal or the Euro Carparks? Or both? Is there any specific email of them that I am sending it or just info@“…”.com will do?

Gr1pr

As well as the DQ address at the CNBC, you cc DCB Legal using the info@ address, not to ECP 

Coupon-mad

Why do so many people think that the Claimant needs cc-ing in when the Claim Form states the solicitor is to be tge 'address for all communications' and it's clear that they are using a solicitor throughout?

That would be like you paying a solicitor to help you buy a flat but the sellers bypass your solicitor & send legal forms to your house!

Foreigner94

Coupon-mad said:

That would be like you paying a solicitor to help you buy a flat but the sellers bypass your solicitor & send legal forms to your house!

Good point! 😄

The notice of proposed allocation to the small claims track that comes with N180 states to serve copies of completed DQ on all parties so I guess that’s why people think that they might need to include claimant as well

Foreigner94

Hello everyone! I am awaiting a mediation call tomorrow, and thought I will ask, is it worth to mention about requesting reimbursement of my costs? Or will it be in the later stage?