Help with Claim form from G24 Parking and DCB Legal

Sharzz100

Hi all, I've had a parking charge from G24 ongoing since May 2024 and have followed all of the advice on the forum up until receiving the claim letter. I read the guide to MCOL and extended the response due date. I have typed up my response using the template and wanted some advice before emailing it over as this is all very new to me and I'm not sure if my defence or the way I have written it sounds good. If someone could kindly help that would be greatly appreciated 

Claim No.:  xxxxxx

 

Between

 

G24 LTD

(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').

 

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 vehicle was parked on Lonsdale Road so that the driver could pick up his daughter from Salusbury Primary School, however permission to park outside Pizza Pilgrims was granted by the shop owner/staff at the time of the alleged offence.

 

4. The claimant did not allow sufficient time for the driver to notice, read and digest the new signage that was only installed and put in place one month before the alleged parking offence. New parking management was in place and signage installed on the 24/4/2024 and the alleged offence took place on the 30/05/2024. The vehicle was parked at 15:10 to coincide with the school pick up time and the parking charge notice was issues at 15:14 only allowing 4 minutes. 

 

5. Furthermore, as the new parking enforcement was put in place, no communication was given to parents of the school or staff who also received parking fines. ‘Felberg Capital’, who are the landowners claim that the school were advised to notify all parents of the new parking enforcement, however no communication was received and nor was any evidence of this provided. As teachers also received parking fines it is safe to assume that this is a blatant lie.

6. The parking signage placement is also unclear as it is difficult to understand which bays the claimant enforces. The specific parking space where the vehicle was parked did not have a sign above it therefore the defendant was of the understanding that with the authorisation of the shop staff, parking was allowed 

 

Coupon-mad

Good, you are on track. Show us the POC and tell us the Date of Issue on the claim form and the date you did the AOS, according to MCOL.

Only say this if it's true? "but not the driver."

Add in the standard para 3 linked in the template defence and change the 'date issued' to be correct. Renumber your facts paragraphs under that standard para 3.

Sign electronically, date it, save as PDF then email as shown in the thread. Job done!

Sharzz100

Thanks for getting back to me so quickly! My mum is the registered keeper of the car and wasn't the driver at the time, so that part is true. 

If this does go to court, do I have to name who the driver was? And would that person have to attend alongside the registered keeper? 

I did the AOS on the 24 March and have attached a picture of the POC.

Noted regarding your other comments about inserting para 3 in the template

Thanks again for your help 

Gr1pr

Are you the Defendant named on the claim form   ?  Or is it your mum, the RK  ?

Sharzz100

It's my mum, she's the defendant named on the claim form and the registered keeper. But she wasn't driving through vehicle 

Gr1pr

In that case everything is done in her name,  not yours, you dont have a claim,  it's not your defence or case, you haven't received anything at all, she has, an important difference,  you are her P.A, , helper 

She doesn't have to name the driver,  just to state that she is or was the Registered Keeper but not the driver   ( her relative was the driver   )

No you don't have to attend with her, but its your choice 

I hope that you DID NOT complete the AOS,  only the Defendant can do so, using HER government gateway login

Sharzz100

Okay understood. With regards to the AOS, it was done under the defendants name under her government gateway log in. She filled it in, and as her P.A. I merely assisted. 

How likely do these things go to court? 

Gr1pr

There are plenty of examples of discontinuations in the thread by Umkomaas,  over 500 in fact 

There are a lot of hurdles to get over,  court is not a certainty 

From now on,  never refer to the case as yours, it's always  "my mum" or the Defendant,  the non driving keeper 

At no point must anything of yours be used, always her name,  her email,  her case,  always 

Sharzz100

Sorry forgot to mention the date of issue was the 19th march and the AOS was done on the 24th march 

Gr1pr

OK, so mums deadline to email her defence pdf document to the CNBC in Northampton is 21st April at 4pm

Coupon-mad

If this does go to court, do I have to name who the driver was?

Nope, Mum does not.