Civil National Business Centre Claim form help

LookAtTheBrightSide

Hi, don't know about you but I now received a new letter giving me another opportunity to pay £150 or they will reissue a new claim. I will email them and see what happens...

emmy_lou_2

Unfortunately  as warned by @Coupon-mad the case has been ‘filed afresh’ ! and here it is , and the particulars of claim. My partner needs to acknowledge the claim, and then I will work on the defence, I will be grateful for any advice or guidance  

Coupon-mad

Same advice as this one, including the suggested paragraph 6:

https://forums.moneysavingexpert.com/discussion/comment/81500209/#Comment_81500209

emmy_lou_2

Thank you, back from hols and need to send the defence asap 
Ive taken your advise and added the suggested paragraph, obviously altering hotel to supermarket. 

6. The location is recognised as a Supermarket used by the Defendant and family members at various times but it is denied that there was a contravention of any term (not that the woeful POC even hint at what the term, obligation of alleged breach may have been). Gladstones POC always state that they will pursue defendants as 'driver/keeper' but this is boilerplate wording. They fail to state whether or not the Claimant seeks to rely upon the 'keeper liability' provisions of Schedule 4 of the Protection of Freedoms Act 2012 ('the POFA') and what 'relevant obligation' or 'relevant contract' was purportedly breached by an unidentified driver. There are no specified contractual terms in these POC and no copy of the purported 'contract' (sign) was sent at pre-action stage. Liability is denied and there is certainly no 'keeper liability' possible in this case. The Claimant cannot rely the POFA because in 2023 they did not issue compliant Notices To Keeper. The Defendant is not liable and if the claim is not struck out at allocation stage - as the court is hereby requested to do - they are put to strict proof that the occupants of the car were not authorised customers at ‘Tesco’ and they will also have to show who was driving.

Thank you for the updated template, I think Ive adhered to it !

Is this defence enough and applicable ?

My husband ‘thinks’ he was parked in Tesco Car Park prior to shop opening hours ( he went straight there early morning after a night shift, for the Christmas grocery shop ! 

Thank you  

 

emmy_lou_2

I have manged to find the parking charge on Horizon Parking Website
We have a receipt on our banking app for the shop that morning 
Store opened at 6 am 

theses are the photos 

LookAtTheBrightSide

@emmy_lou_2 have you managed to submit it on MCOL? Mine's not going through, although I've removed the invalid characters "<>

emmy_lou_2

I had to remove “ and I was a line over, so I removed a line 
What does your error message say ? 

Le_Kirk

LookAtTheBrightSide said:

@emmy_lou_2 have you managed to submit it on MCOL? Mine's not going through, although I've removed the invalid characters "<>

There is discussion about how much will fit in the defence box on MCOL, so, if it wont fit and you haven't pressed SUBMIT, suggest you send by email.

emmy_lou_2

I submitted last night as it was my deadline, but it does look like the last sentence has been omitted 

Coupon-mad

emmy_lou_2 said:

I submitted last night as it was my deadline, but it does look like the last sentence has been omitted 

Which isn't a big deal at all. No worries.

Just shows the new template DOES fit on MCOL so all the fuss is about nothing as long as people don't write War & Peace as para 3.

Obviously it doesn't need the heading line DEFENCE which is only there to show posters that it is the defence!