Euro Car Parks/DCB Legal - Defence help

tecworld

Hi all, 

I am looking to use a standard defence template (the one in the post by shahib_02) for a court claim from Euro Car Parks/DCB Legal for reason "Your Vehicle Was Parked Longer Than The Maximum Period Allowed".

The "pcn" was from 2022 from Priory Retail Park in Colliers Wood London - granted I incorrectly ignored a couple of letters at the time but was surprised to see a court claim appear 3 years later.

I am looking for assistance to adapt the end of paragraph 2 for my situation:

- The vehicle in question was a long term lease in my name, so I wasn't the registered keeper but was the day to day driver.  

- Multiple people (family and friends) had access to the vehicle and I cannot recall if I was driving on the day of the "pcn" in 2022. (is it better to say I was the driver even though I am not 100% certain?)

- I am pretty certain the letters I received were non-POFA compliant as I recall they were single pages with non contract or terms attached from the lease company. 

My question is how do I adapt the below and are there any other standard paragraphs I can add RE: non POFA compliance?

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 at the time.

Thanks in advance for your help! 

Coupon-mad

Multiple people (family and friends) had access to the vehicle and I cannot recall if I was driving on the day of the "pcn" in 2022. (is it better to say I was the driver even though I am not 100% certain?)

No. Put what you told us.

tecworld

Coupon-mad said:

Multiple people (family and friends) had access to the vehicle and I cannot recall if I was driving on the day of the "pcn" in 2022. (is it better to say I was the driver even though I am not 100% certain?)

No. Put what you told us.

Ok thanks very much @Coupon-mad will do. 

Any tips on what the usual end of para 2 would be for not being the registered keeper (but lease) and is the non-POFA compliance argument worth putting on the defence in your opinion? 

Coupon-mad

Literally put what you told us as your status (connection to the car) at the end of para 2. It doesn't need technical wording.

Then talk about the POFA as para 4 and re-number the rest.