Claim Form Received

HairyPrincess

let me know your thoughts please. TIA

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 and driver

 

3. 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 10/3/2022" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, 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 of their allegations.

 

The defendant had paid for parking using the “pay by phone” mobile app. The Defendant attempted to pay for a further one hour parking session . However, there was an error with the app which stated “location not found” despite the location number entered being correct. The defendant has a screenshot of this app fault.

 

Gr1pr

OK, number the last paragraph as 3.1 and it would then look ok to me

HairyPrincess

Nice one, cheers. thanks for your help

Gr1pr

Coupon mad gives a good explanation in this ongoing thread 

https://forums.moneysavingexpert.com/discussion/6565313/tps-dclb-legal-court-claim#latest

HairyPrincess

thank you all, it's really appreciated. I've sent it via email as a pdf attachment this morning and received an acknowledgment immediately. 

One small point (and I'm being an idiot here), I put the claim number and "urgent" in the subject line but didn't mention "defence", although the attachment is called claim number and defence. Would you advise I sent again with the word "defence" in the subject or do you think it should be ok. 

Gr1pr

If it went to claim responses email address,  the one for receiving defences,  plus the pdf document would also be labelled as a defence,  common sense should prevail,  in which case the CNBC will log it and send you a letter,  plus your claim history will be updated as defence received plus a date of receipt or the logging date 

Perhaps check your claim history on MCOL next week,  like checking a bank statement 

HairyPrincess

Gr1pr said:

If it went to claim responses email address,  the one for receiving defences,  plus the pdf document would also be labelled as a defence,  common sense should prevail,  in which case the CNBC will log it and send you a letter,  plus your claim history will be updated as defence received plus a date of receipt or the logging date 

Perhaps check your claim history on MCOL next week,  like checking a bank statement 

will do. cheers pal. i'll log on MCOL at the start of the week.

HairyPrincess

afternoon all, I have the N180 DQ form now. I know the advice here states how to answer D1, but I can't locate it despite looking on the newbies thread. I know the answer is "no" but I have to state why. Anyone help please?

Coupon-mad

It is linked right there in the NEWBIES thread.

HairyPrincess

as i said, I couldn't find it and I realise that's probably stupid of me, but I'm finding it hard to navigate through this site as I'm not used to it. I can see the instructions as to why to answer "No" to that particular question, but not to the reasons why. I will keep looking and thanks for your help