G24/DCB Legal

ChrisA7979

Hi,

Can someone please advise my deadline? Acknowledgment submitted 06/05/25  

Thanks

KeithP

With a Claim Issue Date of 24th April, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Tuesday 27th May 2025 to file a Defence.

That's tomorrow. 

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

ChrisA7979

Hi - Can anyone let me know if the defence below is suitable? Thanks

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 over 5 years ago.

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 19/03/2020, as alleged.  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.

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 or family member.  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

Yep that's good although 3.1 is just repetition so I would remove it.

As it is the last day to do it, rather than email a PDF with headings, a conclusion, costs paragraphs & a statement of truth & signature, you'd be safer putting a shortened version of the Template Defence in online, on MCOL (make sure you hit SUBMIT).

You can shorten it yourself. Don't ask what to remove but you don't need that 3.1. or stuff about the DLUHC.

Le_Kirk

ChrisA7979 said:

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 if they were driving on an unremarkable day over 5 years ago.

Just one change for para #2 as above.