Questions about my Defence Submission

Tomzi111

Hi all,

Firstly just want to say what a brilliant forum this is and I cant stress how much I really appreciate the help!

to sum up: I parked at the venue for 18h total in order to work a large music event, I didnt see the smallprint on the tablet in their reception that stated that the parking is validated for 12h only per time. the event was 27th Jan but by the time i left it was early hours 28th, they have small signs (with no mention of 12h max) and no lines to distinguish which part of their yard is parking and which is access.

I did not respond to the Letter Before Claim, but i do still have all relevant paperwork

I have filed my Acknowledgement of Service and put together a draft Defence from the template given on this site, , but there are still a couple of parts I am unsure about:

3. [EXPLAIN IN YOUR OWN WORDS...NB: defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me']. 

Say why the car was there - if you know - but don't answer to details that are not stated in the PARTICULARS OF CLAIM. If you didn't get any letters or it was years ago & you can't recall if you were driving, say that.  ONLY IF TRUE.

Most claims do not even state the alleged breach. If yours doesn't state what the breach was, add the paragraphs and judgments seen in the defence by @hharry100  here:

https://forums.moneysavingexpert.com/discussion/comment/80343627/#Comment_80343627

and change the paragraph numbering.

If this was a residential site where the driver lives/was a permitted visitor, statethose parking rights.

Older residential defence examples are in the NEWBIES thread.  CRIB SOME PARAGRAPHS BUT USE THIS TEMPLATE AS YOUR BASE.

We recommend you continue with this wording  (yes, all of it. Paragraphs suitably re-numbered to allow for the above).

- For the above, 'why was the car there' because I was... parked? just trying to get a feel for what exactly I need to put here as my current draft seems very bare

11. Paragraphs 4.31 and 5.19 state that the parking industry has shown the DLUHC that the true minor cost of pre-action stage totals a mere £8.42 per case (not per PCN).

- For the above, as per my Claim Form, they have claimed exactly £8.42, should i remove this paragraph and renumber? 

- I have added my redacted claim form in case anyone else has any specific advice for me, just want to make sure this all goes smoothly and im not going to be liable to pay this, its hard enough being self employed in this current economy without these scalpers taking their bit

Gr1pr

They have claimed a spurious additional £60 in debt collectors charges, not incurred 

So the true total is less than £200 based on their claim total 

Coupon-mad

For the above, 'why was the car there' because I was... parked?

No, because you were authorised to work at the venue for an 18 hour shift and were allowed to park a vehicle. No alternative contract was seen.  The Defendant cannot construe from the incoherent POC what the alleged breach is.

Anyway, you are clearly meant to be using the ALTERNATIVE defence linked in the Template Defence, where your facts go at para 5. Not 3.

Why not just simply search and copy from other Gladstones claim threads?  ALWAYS change your forum search filter to NEWEST.  No reading old threads.

You could literally copy one...

Tomzi111

@Gr1pr - does this mean im correct to leave in the part about £8.42?

For anyone else reading this - im just wanting to know if I need to go further with paragraph 3 as they have stated what the breach is in the claim form? or should they be providing more specific details? (hence the need for following hharry100 advice?

KeithP

As well as not stating what the driver is alleged to have done wrong, those Particulars fail to state in clear terms where this parking event took place.

With a Claim Issue Date of 4th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 9th December 2024 to file a Defence.

That's nearly four 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'.

Coupon-mad

Tomzi111 said:

@Gr1pr - does this mean im correct to leave in the part about £8.42?

No. Clearly the £8.42 interest is a coincidence.  That point in the Template isn't talking about interest.  You are comparing a with b.

Anyway, they HAVE NOT specified the breach.  As I said, this is very easy:

You are meant to be using the ALTERNATIVE defence linked in the Template Defence, where your facts go at para 5. Not 3.

Why not just simply search and copy from other Gladstones claim threads?  ALWAYS change your forum search filter to NEWEST.  No reading old threads.

You could literally copy one... 

Tomzi111

brilliant stuff, really appreciate the help!

Ive added from harry100 due to the unclear POC and ive filled in the blanks in my own words:

4. 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 driver.

5. The Defendant was authorised to work at the venue for an 18 hour shift and was allowed to park a vehicle. No alternative contract was seen. The Defendant cannot construe from the POC what the alleged breach is.

This is what I have changed, everything above and below is copied from the template including the photocopys from the chan case etc, does this look OK? 

Coupon-mad

Yes.   .  

Tomzi111

Hi all,

I have recently been severely ill and almost missed the return date of 24th of Dec for my N180, I filled in this form digitally and have emailed it to the county court (updated) email address.

the next step involves serving the claimant (Euro Parking services) and their solicitor (gladstones) of which their addresses are provided on the original claim form, does my copy have to be sent to these addresses before 24th December? hoping I can get them posted tomorrow now, unless there is the possibility to send via email? 

just wondering how people tackled this part. TIA

Gr1pr

Email to the CNBC in Northampton   ( not any county court  , just the CNBC itself,  to the new DQ email address  )

Email a copy of it to just Gladstones,  nothing to EPS 

No need to post anything at all

Tomzi111

do you happen to know if thats their enquiries@ email or if there is another? i know they are notoriously shady so just want to check ive done everything exactly right! especially at this late date, thanks