PCN now going to court

Umkomaas

Mde00435 said:

KeithP said:

Mde00435 said:

I guess my question still stands in that even though DCB are likely to cave ahead of the actual court hearing. To cover myself I still need to put together a defence.

Yes, you must.
If you fail to file a Defence within the timescale allowed - see my earlier post - then the Claimant can and will seek a Default Judgment against you.
In other words... no Defence filed = you lose.

Hi Keith,

I have every intention of filing a defence it’s just knowing what to put it in is where I’m struggling.

many thanks,  

95% of your Defence is already written for you (Template Defence Announcement near the top of the forum thread index). All you have to do is write a couple of paragraphs describing the events at the time of your parking incident. 

UKPC cases are the ones most often discontinued, so the thread link to the record of discontinuations I gave you above, will contain many draft defences. Look at some of those for the kind of detail you need to put into your first couple of paragraphs, before then adding the lengthy template to them. 

Let us see what you have written in those couple of paras, we do not want to see the rest of the template. 

Coupon-mad

Mde00435 said:

Evening all,

thank you for your help so far. I've made amendments to the first post with your proposed changes, apologies for the spelling. I removed the other personal information. I looked up on the MCOL portal and the Acknowledgment of Service was made on 14/11/24 and was received 15/11/24.

I had a look at the defence from ih8ukpc and they seem to be basing their defence on the distance to signage for which I do not feel I have the same luck.

But I wasn't showing you their defence because the facts are similar.  Please look at it again and re-read why I said to go to that one.  It was a certain simple style of paragraph that I said to look at.

Mde00435

Hi all,

This is my section 3 of my defence. I have denied as much of the POC as i can as shown in the other posters thread. It's short but succinct. I haven't denied point 2 in the POC as I can't remember the date in all honesty. What are you thoughts?

3.1 The car was parked at the site due to the defendant attending a gym class at Pure Gym.

3.2 The defendant parked the car against the curb in an area that was deemed by the defendant to be a space. Since the opposing kerb was marked with double yellow lines and it was deduced that the unpainted kerb was eligible for parking. If this area was not eligible for parking then it is the defendants position that this area should be painted with double yellow lines as well.

3.3 The car was not causing an obstruction or impeding normal use of the car park.

3.4 With reference to the POC:

• Point 1 is denied, as the defendant is not indebted to the claimant.
• With the exception of being the keeper and driver points 3 and 4 are denied. The car was parked in a space and the defendant is not liable and has seen no breach of prominent terms.
• The claimants claim of £170 is wildly exaggerated since no PCN can be £170. Additionally, no damage was caused at all and the claimant is requested to substantiate their allegations with evidence.

Coupon-mad

'Curb' is a truly horrible American spelling and isn't a noun in English.  Eeek! It's kerb.

Don't change 'damages' to damage' and don't add 'wildly'.

Mde00435

Great thanks very much. Apologies for the silly mistakes, proof reading is not a good quality for me.

With your corrections added in are you otherwise happy with the defence and can I submit it?

1505grandad

"I haven't denied point 2 in the POC as I can't remember the date in all honesty"

You are denying the issue date is the same as the parking event  -  see the following post link:-

https://forums.moneysavingexpert.com/discussion/comment/81139187/#Comment_81139187

Coupon-mad

Yep. We know it's the wrong date. Deny.

Mde00435

Great thanks very much all I'll make those changes and send it off today. Relieved to have your support. Thanks very much