G24 DCB Legal court claim 2025

Potatopotatopotato

Gr1pr said:

You mean that the AOS was completed on MCOL,  presumably before the AOS deadline 

No additions regarding the email etc need to be in the defence,  or about asking for evidence , it's a sideshow and doesn't change the core details,  so stick to rebutting the POC 

Stick to drafting paragraphs 2 & 3

2) needs an ending,  you haven't added an ending,  it doesn't end with the word keeper 

3) is incorrect in section 2, the POC mentions the word Contravention,  not Issued,  so remove that short section 

You seem to be using a pre april example,  not a more recent example 

Any extra facts or issues would be an extra paragraph 3.1,  including the unremarkable day etc

Thanks.  Is there a more recent template available?  I used the one from the newbies thread.  I've searched and can't find a newer one, would you happen to have the link to it?

For paragraph two, what else would I need to add?  Would it just be adding "and driver" to the end of the paragraph?

Regarding paragraph three, do you mean the part, "No PCN was issued on..."?  I'm not sure what you're referring to?  Realised I didn't update the actual date from the template either so have just amended that part. 

I'll work on 3.1 next.

Gr1pr

just use the standard template defence in the thread of the same name

in 2 , yes , if its true and you know it to be true

yes I do mean that part, they dont mention Issued in the POC, which was a fubar on their part, they havent mentioned the word Issued for the last 6 weeks, so that little sentence is totally incorrect, remove it

Potatopotatopotato

Gr1pr said:

just use the standard template defence in the thread of the same name

in 2 , yes , if its true and you know it to be true

yes I do mean that part, they dont mention Issued in the POC, which was a fubar on their part, they havent mentioned the word Issued for the last 6 weeks, so that little sentence is totally incorrect, remove it

Can I still use the unremarkable day defence if I've stated that I'm the driver in paragraph 2?  Would I need to take out reference about not knowing who was driving, or could I get away with stating that it is possible that a friend or someone may have borrowed the car around that time?

The town this took place in was always widely known as having free parking.  It was common knowledge, the town signs stated free parking for as long as i can remember.  At the time, (for someone returning to their hometown after a number of years), parking restrictions of any kind were unexpected and easily something a visitor like myself would overlook and be unaware of.  Is this something that I could fashion into a defence?

Coupon-mad

Just copy one from this past month. You don't actually need much detail.

Potatopotatopotato

How do these paragraphs sound?

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 cannot remember whether they were driving on an unremarkable day nearly six years ago.

3.     Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied.  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.

3.1 Due to the length of time, the defendant has little to no recollection of the specific date in question, which was an unremarkable day.  While the defendant was the only insured driver for the vehicle in question, it is entirely possible that the vehicle may have been borrowed by a friend.  It would not be reasonable to expect a registered keeper to be able to recall who was or was not driving over five years ago.  In any case, there is no such obligation in law and this was confirmed in the POPLA Annual Report 2015 by parking expert barrister and Lead Adjudicator, Henry Greenslade, who also clarified the fact that registered keeper can only be held liable under the POFA Schedule 4 and not by presumption or any other legal argument.

Coupon-mad

Yes that'll do. 

Potatopotatopotato

Brilliant!

I'm reading through what to do now, regarding getting it signed, I have a photo of my signature, is it acceptable to drag the image into Word and email it over as a PDF or would they want it to be physical signature?

Coupon-mad

Yes that will be fine. You're doing great!

Potatopotatopotato

Just emailed the PDF over and have received a conformation email .

Thanks so much for all your help everyone, you guys have helped make this seem much less daunting.

Potatopotatopotato

I haven't heard anything further at the moment.  Is this normal?  What should I expect next?