N1SDT from DCB Legal

Aroundincircles

I have now put together my defence letter using all of the supplied template and amending slightly paras 2 & 3 as advised.  Please let me know if there are problems with my amendments.

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.  Due to the length of time between the alleged contravention and receipt of the PCN, 20 days, the Defendant is unable to recall who the driver was at the time of the contravention.

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 03/03/2023 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 £160 on private land) and there were no damages incurred whatsoever.

 3.1 The Defendant appealed the PCN and received confirmation of receipt but no decision.  Upon enquiring the Defendant received an explanation from Smart Parking Ltd claiming to have sent a response in the preceding month via Email, however, that Email was not received by the Defendant.  Following, the Defendant requested a POPLA verification code but was denied this information by Smart Parking Ltd who claimed to have provided the code in the (unreceived) email.  However, the POPLA code was absent from the copy of the Email supplied by Smart Parking.

Coupon-mad

That's all good. Can't fault it. 

Aroundincircles

Hi all, so following on from submitting my defence I have now received a letter from HMC&TS:

"I acknowledge receipt of your defence.  A copy is being served on the claimant (or the Claimant's solicitor). The claimant may contact you direct to attempt to resolve the dispute.  If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed.  The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence.  After that period has elasped, the claim will be stayed.  The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

Is this usual?  Do I need to do anything or just wait it out and hope that no news is good news?  Thanks

Gr1pr

All perfectly normal,  part of the process, so keep following the 12 steps in the defence template thread 

It will continue, the time for any discontinuance is months away,  just before they have to pay the hearing fee