Court claim, defence help needed

bluewilly101

Acknowledgement filed on 26th Nov.

First draft of my defence, what do I need to change please. Many thanks

The facts known to the Defendant: 

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 but not the driver. 

 

3 The car was parked at the aforementioned for carpark and a ticket was purchased with cash via the machine for a 3hr period as far as the defendant was made aware. The pictures show the vehicle entering the car park at 12:38 and leaving at 14:55. This is within the parking time allotted as far as the defendant is concerned. A PCN was issued on 6/9/22 claiming the defendant was in breach and that the ticket didn’t cover the date and time of parking.  

3.1 The defendant didn’t actually receive the PCN charge until December 2022 as they were sent to an old address and by the time they were forwarded to the correct address, the time had elapsed to appeal. Reasons cited for not having updated the DVLA were due to a cancer relapse and hospitalisation earlier that year which the debt recovery agencies, acting on behalf of Euro Car Parks Ltd, were made aware. 

3.2 As soon as the alleged offence was known  (December 2022) the defendant contacted the then serving debt collection agency, ‘Debt Recovery Plus’ to try and resolve. Having no satisfactory outcome the defendant made a ‘subject access request’ which was received January 6th 2023 and noted that no ‘notice of appeal’ letter was ever sent by the claimant. In addition to not having sent a notice of appeal, none of  the debt recovery agencies to which this has been passed in the last 2years, including finally the claimant DBC legal, have been able to provide a satisfactory explanation of the contract breach. 

3.3 The reason for the PCN issue states 'The permit purchased did not cover the date and time of parking'. Given that it has been acknowledged that a ticket was purchased on the day by the claimant it can only be assumed that it is the time of parking that is being questioned and not the date, as this is the only occasion this car park has been visited. When the claimant was asked by the defendant in a recent email to provide more detail of the alleged offence, the claimant responded to say they deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute.  
 

3.4 The only evidence sent by the claimant is a copy of the car entering and leaving the car park and the final notice letter. None of these details evidence what the breach was, and my request to have evidence of such is deemed not relevant. The defendant would argue that such evidence is the only thing that is relevant. 

3.5 As the alleged breach of contract took place over 2 years ago, the defendant cannot recall the exact time specifics surrounding the allegation.  Claiming 8% interest per annum and a daily rate of £.04  until  a judgement is made is a clear abuse and hugely disproportionate reward for doing nothing to bring this case to court. The POC is extremely vague in detail but the Defendant firmly believes that the driver did purchase a pay and display permit. 

. 

3.6 Referring to the POC:  

• Paragraph 1 is denied. The Defendant is not indebted to the Claimant.  

• Paragraph 2 is denied. No PCN was "issued on 1/9/2022" (the date of the visit). 

• Whilst the Defendant was the keeper, the rest of paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all their assertions, including paragraph 4 of the POC that suggests they complied with the POFA 2012 Schedule 4 . 

 

1505grandad

"A PCN was issued on 6/9/22 claiming the defendant was in breach and that the ticket didn’t cover the date and time of parking."

As you are not the driver  -  who the contract to park is with  -   suggest you change "defendant" to "driver".

Coupon-mad

Remove this word because you haven't mentioned it before:

aforementioned

And the two words after it make no sense:

"for carpark"

There's no such single word as a carpark.

bluewilly101

Much appreciated thank you both. So its ok to file this now with the amendments and the additional 28 points/statement of truth in the template?? 

Gr1pr

Seems to be overly long but providing that your changes were made and the rest of the template defence is added, plus renumbered if required, then yes, email it to the correct email address at the CNBC, checking your inbox and spam folder for the email auto response 

Coupon-mad

Yes, use the whole Template Defence but we don't want to be shown it ... please!

Then follow the first 12 steps in the Template Defence thread so that you don't need to ask about the DQ questions or the laughable Mediation phone call.

We hope that we are only needed again by Defendants at WS & evidence stage next year. The 'first 12 steps' advice saves us all time.

See you in a few months.

bluewilly101

The new defence form ques D1 is set out as follows so the reply suggested on the updated Court Claim procedure (2016) I've been following doesn't quite fit (unless I've missed an update?).

D1 Do you consider that this claim is suitable for determination without a hearing, as such: by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision and giving a note of reasons for that decision?

Do I still put NO and if so whats my argument?

N.B the new form goes from A-G

Thanks in advance

Coupon-mad

You've missed what the NEWBIES thread says.  The old 2016 link isn't the only link & info given.

bluewilly101

Sorry and thanks for re-direction. Think I've found the answer now

https://forums.moneysavingexpert.com/discussion/comment/80121512/#Comment_80121512

bluewilly101

I've been back to the newbies thread to find the remaining responses but I honestly can't see them. Its F1 I need and arguing why I want the hearing to be at my local court. Could you add the link in please?