Claim Form received

Kezoncity

Hey everyone, any help would be much appreciated. 

I have submitted my AOS and am now in the process of submitting my defence.

Could you please let me know how the below reads and if there is anything I should change?

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 wishes to highlight that, upon arriving at the location, there was no visible signage that clearly stated parking restrictions. The absence of clear and conspicuous signs does not inform motorists adequately about parking regulations. The defendant believes that without proper signage, it is unreasonable to expect drivers to comply with any parking restrictions.

The defendant contends that the signage, if it exists, is poorly positioned, obscured, or not easily readable from a driver's perspective. It is essential that parking regulations are communicated effectively to ensure compliance. The defendant maintains that reasonable notice should be provided to avoid any misunderstanding regarding parking rules.

It is widely recognized that in order for a parking charge to be enforceable, clear and prominent signage must be present at the location in question. The defendant believes that the absence of such signage in this instance undermines the validity of the parking charge issued.

In light of the aforementioned points, the defendant requests that the Parking Charge Notice be cancelled. The defendant believes that this appeal is justified due to the lack of clear signage, which failed to provide adequate warning of any restrictions.

Thank you in advance.

Le_Kirk

Signage is covered in the standard defence template, so make sure you do not duplicate what is already written.  Your defence paragraphs read like a witness statement.  Every paragraph requires a number.  What does the POC (on the claim form) state; that is what you are answering with your paragraph #3.

Kezoncity

POC states "parked in breach of the terms of parking stipulated on the signage" I am not sure anything really needs to be said then regarding my defence. There was no clear signage open and closed?

Gr1pr

So the POC told you exactly what the breach was , did it. ?  ( I doubt it. ) Court claims are never simple 

Such that you, a judge and a man on the Clapham omnibus would know exactly what the driver did wrong. ?
( Not from your description above. )


I suggest that you post some details 

Name of the parking company. ?

Name of the legal company ( if any are involved. ) ?

Issue date on the claim form. ?

AOS date. ?

A redacted picture of the POC, hiding the VRM details first 

Kezoncity

Parking Company - Defence Systems Limited

Legal Company - Gladstones Solicitors

Issue date - 3 October 24

AOS date - 7 October 24

KeithP

Kezoncity said:

Issue date - 3 October 24
AOS date - 7 October 24

With a Claim Issue Date of 3rd October, and having filed an Acknowledgment of Service on 7th October, you have until 4pm on Monday 4th November 2024 to file a Defence.

That's over two weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

You need to be aware that those Particulars of Claim are totally inadequate.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.

Kezoncity

Thanks for the quick replies so far. And I think I may have gone back with the AOS a bit quicker than I should I have. 

I will state that in my defence "the defendant is unsure as to what the particulars suggest was the wrongdoing" as well stating there was no clear signage and refer to the paragraph that makes reference to signage rules and laws.

LDast

Those PoC lack a proper cause of action and the CEL v Chan and CPMS v Akande transcripts and argument should be included.

Kezoncity

I was not aware of these cases but having reread through the newbies section I found the CEL v Chan case being referred to and updated the defence:

3. 3. A recent persuasive appeal judgement in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and the Practice direction to Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The Defendant asserts that this Claim is based upon an agreement by conduct. The Defendant asserts that the Claimant has failed to specify how Contract terms have been breached by the conduct of the Defendant in the POC. See below.

4. The defendant wishes to highlight that, upon arriving at the location, there was no visible signage that clearly stated parking restrictions. The absence of clear and conspicuous signs does not inform motorists adequately about parking regulations. The defendant believes that without proper signage, it is unreasonable to expect drivers to comply with any parking restrictions. As stated in paragraph 20 regarding signage, this is not clear enough for motorists.

Coupon-mad

But you didn't need to do that.

Go back to the Template Defence and re-read paragraph 3 of it. There's a link for cases where the breach is not pleaded (like your case). Click on it.

Le_Kirk

Coupon-mad said:

Go back to the Template Defence and re-read paragraph 3 of it. There's a link for cases where the breach is not pleaded (like your case). Click on it.

You should get to here: -
15 August at 10:33AM <<<<LINK