DBCL Claim Form- Does my defence sound ok ?

Porridge19

Hi,

Further to my earlier post, this is my defence. Does it sound ok and do I need to add anything else?

DEFENCE

1. The Defendant is the registered keeper of the vehicle in question. The Defendant denies liability for the entirety of the claim and puts the Claimant to strict proof of all aspects of their claim.

2. On the date of the alleged contravention, the Defendant arrived at the car park managed by the Claimant. The barrier at the entrance to the car park was raised and no ticket was issued or available upon entry.

3. The Defendant parked their vehicle in the shopping centre’s designated car park for approximately thirty minutes. Upon returning to the vehicle, the Defendant attempted to use the on-site payment machine but found it to be inoperative.

4. The Defendant sought guidance from a member of staff within the shopping centre, who advised that the barrier system was not functioning and that the Defendant could exit the car park without any payment or further action, due to the equipment fault.

5. The Defendant acted in good faith and relied upon the guidance provided by the staff on site, believing there to be no contravention given the circumstances, including the non-functioning barrier and payment system.

6. Some weeks later, the Defendant received a Parking Charge Notice (PCN) from the Claimant. The Defendant submitted an appeal against the PCN promptly and in accordance with the procedures stated, but did not receive any acknowledgment or response.

7. The Claimant is put to strict proof that:

   • The signage at the site was adequate and in compliance with the Consumer Rights Act 2015 and the BPA Code of Practice;

   • The Defendant entered into a valid and binding contract;

   • The equipment on the day was functioning adequately so as to allow for a fair opportunity to comply with any alleged terms.

8. The Defendant asserts that the claim is unjustified, as no reasonable steps were available to either pay or understand the nature of the alleged breach, and the Claimant failed to respond to the appeal or clarify the basis of the charge.

9. The Claimant’s claim is therefore denied in its entirety. The Defendant respectfully requests that the Court strike out the claim or dismiss it with costs.

Gr1pr

Thats correct,  so look at other recent paragraphs 2 & 3 and adapt just them,  although you will be using the rest of the defence template as well 

Porridge19

Gr1pr said:

Thats correct,  so look at other recent paragraphs 2 & 3 and adapt just them,  although you will be using the rest of the defence template as well 

Thank you.  I will post my defence on here once I’ve done it and I’d be grateful if you would take a look at it before I send it.

Gr1pr

Porridge19 said:

Gr1pr said:

Thats correct,  so look at other recent paragraphs 2 & 3 and adapt just them,  although you will be using the rest of the defence template as well 

Thank you.  I will post my defence on here once I’ve done it and I’d be grateful if you would take a look at it before I send it.

Please only post the paragraphs you have changed,  not the rest of the template 

Porridge19

Gr1pr said:

Porridge19 said:

Gr1pr said:

Thats correct,  so look at other recent paragraphs 2 & 3 and adapt just them,  although you will be using the rest of the defence template as well 

Thank you.  I will post my defence on here once I’ve done it and I’d be grateful if you would take a look at it before I send it.

Please only post the paragraphs you have changed,  not the rest of the template 

Hi,  would you mind telling me your thoughts on my defence ?

1505grandad

Posted yesterday:-

"..... I will post my defence on here once I’ve done it and I’d be grateful if you would take a look at it before I send it."

Cannot see (the relevant paras) have yet been posted?

Porridge19

1505grandad said:

Posted yesterday:-

"..... I will post my defence on here once I’ve done it and I’d be grateful if you would take a look at it before I send it."

Cannot see (the relevant paras) have yet been posted?

I edited my original post.  The defence I’ve written is now my first post in this thread.

Coupon-mad

It doesn't seem to be based on the Template Defence?

Gr1pr

Porridge19 said:

Gr1pr said:

Porridge19 said:

Gr1pr said:

Thats correct,  so look at other recent paragraphs 2 & 3 and adapt just them,  although you will be using the rest of the defence template as well 

Thank you.  I will post my defence on here once I’ve done it and I’d be grateful if you would take a look at it before I send it.

Please only post the paragraphs you have changed,  not the rest of the template 

Hi,  would you mind telling me your thoughts on my defence ?

Its not what I suggested,  so I have no thoughts on it, because its bespoke, plus any other background information seems to have disappeared 

Porridge19

@Gr1pr @Coupon-mad

My defence is based on the facts 1 to 6.  Is that too much information or can that be condensed in to paragraph 2 and 3? And I could delete 7 to 9 and copy and paste the rest of the defence template.

There isn’t any other background information other than I did the AOS last Tuesday.

Forgive me if I am complicating things, I have a tendency to overthink things like this.

Coupon-mad

I think you could just use your 2, 3 and 4 as one longish paragraph 3 within the Template Defence.

Which PPC?

Show us the POC.