2 Weeks before CCJ is permanent! TPS DCB Legal.

Coupon-mad

OK, so state that the signage is ambiguous; you just need to search the forum for those words plus the word 'defence' to find that point already written a thousand times!

Copy & adapt what your results show you.

Smiling_Assassin17

Had a little more time to focus on this. How's this:

I contest this penalty on the grounds that the signage was inadequately lit, ambiguously worded, and printed in a font too small to be easily read, particularly in low-light conditions. The information provided did not clearly outline the parking restrictions in place after 9 p.m. During the day, customers are permitted a two-hour stay until 9 p.m., which I reasonably interpreted as the store’s trading cut-off time, after which parking demand ceases. I arrived shortly before 8 p.m., well within the two-hour limit, and at no point was it made clear that the standard allowance did not apply in this instance. In most comparable car parks, parking is free after trading hours, and the lack of any explicit notice to the contrary creates a reasonable expectation of the same here. If parking is prohibited at any time, clear, prominent, and unambiguous signage — or a physical barrier — should be in place to prevent inadvertent violations by law-abiding members of the public.

Le_Kirk

It is not a penalty.  Is that your defence paragraph #3?  Are you intending to slip that into the defence template?  Does your paragraph #2 end with Registered Keeper but not the driver  OR Registered Keeper and driver?  Defences are written in the third person, therefore "the defendant" not "I". Have we seen the POC on the claim form?

Smiling_Assassin17

I have been identified as the driver. I have changed the recommendations and put into 3rd person for my 3rd paragraph.

Coupon-mad

Oh you are meant to be using the 'special para 3' defence for cases where no breach is pleaded.

Linked in the Template Defence thread, twice!

Smiling_Assassin17

And we're back...Had this emailed through this morning. Gutted and very nervous. Is now the time to prepare for an appearance in court?

ChirpyChicken

Its explained in the Newbies section and this was to be expected.
Nothing to be gutted it nervous about 

1505grandad

As above  -  you are on step 2 of the 8 step guide in the Template Defence announcement  -  please read the further steps:-

"2. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire or the usual template letter saying they 'intend to proceed' and/or want you to 'settle'. Ignore that"

jd576

Smiling_Assassin17 said:

I have been identified as the driver. I have changed the recommendations and put into 3rd person for my 3rd paragraph.

Notwithstanding that if you do file all the required documents in the correct time frame, DCB Legal will discontinue, these particulars of claim are defective: they fail to state the precise term of the contract that was breached and as such, they're in violation of Practice Direction 16.7.5 and will very likely be struck out if it gets to a hearing and you make the case that it should be struck out.

Stating that you were in beach of the T&C is *NOT* stating the exact term breached as they're required to do and failure to do so means that you have no idea how to defend this claim and are at an irrecoverable disadvantage. 

The Template Defence already covers this and you'll refer to it in your witness statement when the time comes too. If you want to know more, search the forum for terms like "16.7.5", "Chan" and "Akande". My own case was struck out recently for exactly this reason after I requested the claim be struck out in my witness statement - many others on this board have had a similar result.