Claim against me by DCB

Kaziyyah

I searched 'regarding the POC' and merged several points of what I found into my paragraph.

I took out the bits I thought did not apply to me, for example there was something about authorised bays, or there was another one about not being informed of the PCN etc.... 

I am now confused and may be missing something here?

Is it this: 


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 20/03/2023" (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.

Gr1pr

Thats definitely it, or the basics are all there as your paragraph 3

Dont forget to add a concise ending to your paragraph 2 from the template 

Kaziyyah

Ah ok I think I was overthinking it, I understand now - Thank you!

Do you think I should add in anything about the overstay or is the below ok?

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. The Defendant states that the vehicle was parked at the location in question to access the amenities provided by the site, including retail shops and restaurants. The Defendant was a legitimate patron, utilising the car park for its intended purpose. Referring to the Particulars Of Claim: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 10/05/2024" (the date of the alleged visit).  Whilst the Defendant is the registered keeper and driver, 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.

Kaziyyah

Just an update in case others were wondering.

After I sent in my defense, i did my questionnaire - pretty straight forward except for the fact I was not receiving my mail so actually missed the deadline - the courts were generous enough to extend it by a week but boy that was frustrating.

I have my mediation call tomorrow as they still wanted to proceed with the claim.
[I REMOVED DEFENCE COMMENT I MADE HERE]

My next step is to get the witness statement together (that is the one I am dreading but ChatGPT is going to be my best friend - on top of all the advice I can find here too)

I have also requested all evidence that dcb legal intend to use in court - just thought that would help me prepare for later...


Anyway so far it is going exactly as MSE has said it would so
thank you @Coupon-mad @Gr1pr @Le_Kirk @KeithP @MSE_ForumTeam5 sorry if I missed any tags...

Will update again soon....

Gr1pr

Forget about using ChatGPT 

You dont need any background information for the mediation stage,  just study the advice in the second post in the newbies sticky thread in announcements   ( mediation is about reaching a monetary settlement figure agreed by both parties,  nothing to do with the case itself   )

Any WS bundle deadline is months away 

Coupon-mad

Kaziyyah said:

Just an update in case others were wondering.

After I sent in my defense, i did my questionnaire - pretty straight forward except for the fact I was not receiving my mail so actually missed the deadline - the courts were generous enough to extend it by a week but boy that was frustrating.

I have my mediation call tomorrow as they still wanted to proceed with the claim.
Note to others: make sure you are familiar with your defence for this

You don't discuss your defence at Mediation. You know it's only a 5 minute call because the Template Defence first 12 steps explains that, and what to say to the Mediator.

And WS & evidence stage is covered for you already in the second post of the NEWBIES thread where i provide a whole list of recommended exhibits (and a simple way to find WS examples) that I feel like deleting because nobody reads it...

I also click off any thread where people use horrifically BAD ChatGPT that can't write in normal English! It is awful.

Le_Kirk

Gr1pr said:

Forget about using ChatGPT 

Seconded! Just read some WSs that others have written (especially successful ones) and use them as examples of format and style, obviously with your own case details.  Some recent ones are @Harry77, @imulsion and @Defendant911

Kaziyyah

Lol thanks all, I have read a few WS already so please don't delete them - I promise I will un-friend Chat GPT lol

I had my mediation, just had to keep saying that I was not prepared to pay and was willing to defend myself in court. It was all very quick and done.