Premier Park Ltd Claim Form & Defence - Advice

LDast

SuperE20199 said:

LDast said:

What is the actual "reason" given in the PoC? You have unnecessarily redacted that. The only thing that needs redacting in the PoC is the VRM.

All I redacted was the VRN and the location. The 'reason' is still on there.

There is no reason given whatsoever in those PoC. Why did you redact the location? In most DCB Legal issued claims, they state a "reason" in their PoC in a feeble attempt to overcome their failure to comely with CPR 16.4(1)(a).

Assume you had not received any communication about this PCN and the claim form was the very first you knew about it. How would you be able to defend the allegation (or lack of it) in those PoC?

Is the "contract" referred to detailed or attached to the PoC in accordance with CPR PD 16.7.5?

Do the PoC state the exact wording of the clause (or clauses) of the terms and conditions of the contract which they are relying on?

Do the PoC set out the reason (or reasons) why the claimant asserts the defendant has breached the contract?

Do the PoC state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred?

Do the PoC state exactly how the claim for statutory interest is calculated?

Do the PoC state what proportion of the claim is the parking charge and what proportion is damages?

Do the PoC state that the Claimant is suing the defendant as the driver or the keeper? The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.

SuperE20199

LDast said:

SuperE20199 said:

LDast said:

What is the actual "reason" given in the PoC? You have unnecessarily redacted that. The only thing that needs redacting in the PoC is the VRM.

All I redacted was the VRN and the location. The 'reason' is still on there.

There is no reason given whatsoever in those PoC. Why did you redact the location? In most DCB Legal issued claims, they state a "reason" in their PoC in a feeble attempt to overcome their failure to comely with CPR 16.4(1)(a).

Assume you had not received any communication about this PCN and the claim form was the very first you knew about it. How would you be able to defend the allegation (or lack of it) in those PoC?

Is the "contract" referred to detailed or attached to the PoC in accordance with CPR PD 16.7.5?

Do the PoC state the exact wording of the clause (or clauses) of the terms and conditions of the contract which they are relying on?

Do the PoC set out the reason (or reasons) why the claimant asserts the defendant has breached the contract?

Do the PoC state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred?

Do the PoC state exactly how the claim for statutory interest is calculated?

Do the PoC state what proportion of the claim is the parking charge and what proportion is damages?

Do the PoC state that the Claimant is suing the defendant as the driver or the keeper? The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.

Thank you for your reply. I only redacted the location of the offence to stop any tracing of this via this forum - paranoid? Perhaps...

All your points are valid, but the only communication I can recall having was this claim form and the PoC that I showed above with the parts I redacted. No further explanation.

Coupon-mad

LDast said:

SuperE20199 said:

LDast said:

What is the actual "reason" given in the PoC? You have unnecessarily redacted that. The only thing that needs redacting in the PoC is the VRM.

All I redacted was the VRN and the location. The 'reason' is still on there.

There is no reason given whatsoever in those PoC. Why did you redact the location? In most DCB Legal issued claims, they state a "reason" in their PoC

It's not DCB Legal, it's Gladstones who never plead the breach reason.

Hence why the OP is rightly using the version of defence with the Chan images.

SuperE20199

Hi all

I've now received two letters - one from the CNBC and one from the Solicitors of Premier Park. 

CNBC: Notice of Proposed Allocation to the Small Claims Track
Gladstones: Intention to proceed with the claim and elected to mediate in an attempt to settle this matter.

I'm confused about my next steps, and where I go from here - can someone advise?

KeithP

SuperE20199 said:

I'm confused about my next steps, and where I go from here - can someone advise?

Go back and re-read that checklist you were following when you filed a Defence.
There is explicit guidance there on how to deal with both your queries.

SuperE20199

KeithP said:

SuperE20199 said:

I'm confused about my next steps, and where I go from here - can someone advise?

Go back and re-read that checklist you were following when you filed a Defence.
There is explicit guidance there on how to deal with both your queries.

I wouldn't say it's explicit. The information around filling in the N180 isn't up to date, as far as I can see and is just confusing. For example, D1 is now 'Suitability for determination without a hearing' and I'm none the wiser on what should be done here.

Coupon-mad

SuperE20199 said:

KeithP said:

SuperE20199 said:

I'm confused about my next steps, and where I go from here - can someone advise?

Go back and re-read that checklist you were following when you filed a Defence.
There is explicit guidance there on how to deal with both your queries.

I wouldn't say it's explicit. The information around filling in the N180 isn't up to date, as far as I can see and is just confusing. For example, D1 is now 'Suitability for determination without a hearing' and I'm none the wiser on what should be done here.

Even though the NEWBIES thread covers the 'new' (two year old) questions explicitly and in particular there's a link showing how to answer D1?

The first 12 steps aren't in the NEWBIES thread though.  They are in the Template Defence thread.

Everything is explicitly covered & everything is up to date.

SuperE20199

I have my mediation call on Monday 9th December - any further tips on top of the other stuff in the forum?

Gr1pr

Already been put into those 2 locations you were asked to follow , especially step 9 of 12

The newbies sticky thread and the defence template thread, both in announcements 

No offer, no compromise, end of call

Coupon-mad

SuperE20199 said:

I have my mediation call on Monday 9th December - any further tips on top of the other stuff in the forum?

Just what's in the first 12 steps.