Claim Form - Assistance on Particulars of Claim

ZeSpi0le

Hi all - 

I have been sent the following CF, issued 14 Feb 2025.

Having read a lot of the useful posts and links, I am in the process of writing my defence.
I submitted my AOS 24 Feb 2025.

I wanted to clarify and get some assistance on answering the finer points of the particulars:

(1) On "3. The vehicle was parked in breach of the Terms on C's signs (the contract)".

As they have failed to state the breach, I am to use the 'Chan' defence?

For context, the original parking charge from UKCPS cited "Driver - Observed leaving site" but there is no mention of this here.


(2) On "4. The driver agreed to pay within 28 days but did not."

LOL - I never did such a thing and that's a lie. Do I need to address this in the defence?


Thank you.

Coupon-mad

Just read 4 or 5 Moorside Legal defences.

Even easier, use what I already tell you to use for Moorside cases, in the template defence.  It is already there for you. No need to even ask whether to use Chan .

KeithP

ZeSpi0le said:

(2) On "4. The driver agreed to pay within 28 days but did not."

LOL - I never did such a thing and that's a lie. Do I need to address this in the defence?

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

ZeSpi0le said:

I have been sent the following CF, issued 14 Feb 2025.
I submitted my AOS 24 Feb 2025.

With a Claim Issue Date of 14th February, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Wednesday 19th March 2025 to file a Defence.

That's over three weeks away. Plenty of time to produce a Defence but please don't leave 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 AOS has been filed, the MCOL website should be treated as 'read only'.

ZeSpi0le

Thanks for your assistance both.