Followed advice on here and now preparing Defence - first time and need some help

Woman91

I have included below:

Particulars of Claim - issues 21 November 
What I want to say 
Then the suggested template of defence with BOLD questions through out because this is my first time and I don't fully understand everything that is wrote.

Please could someone who supports people with defence have a quick look and advice 

I did do Acknowledgement of service form - on 27th November

My Particulars:

1. The defendant (D) is indebted to the Claimant (C) for a Parking Charge (S) issued to vehicle …… at ……
2. The PCN(s) were issued on 9/11/2020
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reasons your vehicle was parked longer than the maximum period allowed.
4. In the alternative the defendant is pursuant as the keeper pursuant to POFA 2012, Schedule a.

AND THE CLAIMANT CLAIMS

1. Xxx being the total of the PCN (s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.04 until judgement or sooner payment.
3. Costs and court fees

My Defence

What I want to say:

The date that the PCN was issued during Government Covid restrictions which began 5.11.2020. Therefore social distancing and cueing would have been implemented in all shops at this time. The restrictions on this date were not taken into consideration by the Carpark Contract as recommend by BPA 

As a law abiding citizen who works in Children Social Care, and a key worker in the community during Covid Crisis I am deeply sadden that the Claimant clearly trying to profit during a time of crisis and not showing respect to Government Restrictions. 

Furthermore Claimant by changing the length of stay on the carpark on 15.12.2020 admitted (not sure correct word) that that the length of stay was not justified for those restricted. If these actions were completed prior to 9.11.2020 inline with Country’s restriction dates the Registered Keeper of xxxxx parking charge would not have been given as the time it states are within the contracts new timescales. 

Name spelt incorrectly on form (middle name different name)

The signage of the car park on the alleged date has been highlighted on a Lancashire Post Article 16.11.2020  - Signage not visible to other members of the public

On that date a significant amount was spent at two shops on complex food shop and Christmas present shop.

Reasons ignored the housing letters, During the dates the fines originally was an emotive and stressful time a family member dying in hospital that we could not visit, whilst juggling home schooling fort three dependent children and key working in community.

15 MINUTES OVER the 10 minutes grace period 

The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015

Can I remind again this was during COVID restriction implications! Cueing and Social Distancing.

What is recommended:

IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

Euro CAr Prak 

(Claimant) 

- and -  

             

 (Defendant)

_________________

DEFENCE

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC’). It does on particulars number 4 can I put this?

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, (Can I put this if breakdown on the claim form) making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper.

3.  

The car was at xxxxx Central on 00.11.2020 for the use of the FOOD Shops. SHOULD I ADD THE THINGS I WANT TO SAY ABOUT COVID RESTRICTION ETC HERE

The Defendant draws to the attention of the allocating Judge that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal).  The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based in the following persuasive authority.

3. A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. 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 same is true in this case and in view of the Chan judgment (transcript below) the Court should strike out the claim, using its powers pursuant to CPR 3.4. 

   

4. The Claimant will concede that no financial loss has arisen and  that in order to impose an inflated parking charge, as well as proving a term was breached, there must be:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(Ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines. The signs were missed  - at the time I did not see any, I was not looking. But when I returned after fine sent I did see some when looking but these were changes not long after. I do not though have any evidence of signs as changed.

Gr1pr

Save the stories for your WS bundle next year 

Only post the few paragraphs that you have altered, not the rest of the template defence, typically its paragraphs 2 & 3 

Do not alter the rest of the template paragraphs 

Study other recent ECP DCB Legal Defence draft paragraphs to see what theirs say 

Fix the spelling errors and also always redact your name 

1505grandad

Have you stated your real name in the Defence heading?

The name of the claimant should be as stated on the claim form.

Coupon-mad

Chan is not relevant to your case.

Yes add brief info about the circumstances but also deny the allegations.  As seen in every thread like yours.

I hate providing links. It stops new posters browsing the forum which is a bad thing. But in the spirit of the Season, here's one but please look around and read more (saves us from having to reply with the same stuff on thread after thread):

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

That shows you some 'deny the POC' wording to include in your para 3. Just add another line about the circumstances.  And of course use the 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.

KeithP

Woman91 said:

Particulars of Claim - issues 21 November 
I did do Acknowledgement of service form - on 27th November

With a Claim Issue Date of 21st November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 24th December 2024 to file a Defence.

That's nearly three weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving 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'.

Woman91

Gr1pr said:

Save the stories for your WS bundle next year 

Only post the few paragraphs that you have altered, not the rest of the template defence, typically its paragraphs 2 & 3 

Do not alter the rest of the template paragraphs 

Study other recent ECP DCB Legal Defence draft paragraphs to see what theirs say 

Fix the spelling errors and also always redact your name 

Thanks I think I got you. Save my own explanations - the things I want to say until WS bundle.
i will have another look paragraph 2/3 but this is the section confuse me. 

When you say only post few paragraphs- do you mean on this forum, when I changed them again? Thanks 

1505grandad

Have you not seen the "IMPORTANT" yellow banner at the top of the forum?:-

"IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).

Woman91

Sorry i thought I removed before I put on - i will delete my post now. Thanks

KeithP

Just three days left until your Defence filing deadline.

Gr1pr

Woman91 said:

Sorry i thought I removed before I put on - i will delete my post now. Thanks

It's still there 

Coupon-mad

KeithP said:

Just three days left until your Defence filing deadline.

@Woman91

Here you go:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

That's a new standard para 3 especially for DCB Legal cases. Easy, innit? Get it done!