Template defence from newbies thread, I got help and I WON!!

sammyb1996

EDIT - I have changed the title to Won, because I got help on this thread and won!! Make sure to read this thread if you struggled or are struggling with your defence. My initial defence got struck (below) as I used the full defence template and the added my own points. This was overkill and the judge clearly didn’t like it.  Make sure it’s relevant to your POC, and on how you get there just read this thread! 

Hello all,

first of I would like to say I am new to this forum but have been through pretty much of the whole newbie thread. 

To cut a long story short I have got to the point of
Submitting my N180 form. 

Submitting my defence
Attending a mediation call
Now been referred to my local court.

I contacted the local court today as I wanted to add some further dates that I can’t attend a hearing (if it was to go ahead). To clarify a hearing date hadn’t/hasn’t been given: I just wanted to be proactive as I want to book a holiday and let them know my intentions. They said to just email in and it’s no problem. 

However they mentioned that I should receive an a letter today because the judge has struck out my defence. I have attached a photo of that letter to which I have just come home to. 

They mentioned on the call that I needed to fill out an N9B or N9D form. 

What I’m confused about is should I have done these forms when submitting my defence? As it doesn’t say that in the thread as far as I’m aware? 

Also the judge has struck it out and mentioned I need to state more facts etc (attached is the letter). I was under the impression I was to submit my statement prior to a hearing was given etc. I presume when a hearing date is given etc. But why would they strike it out without that? I thought the defence was to to give facts as to why I should not pay, but not necessarily give evidence until it’s the statement time? 

I used the template on 

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

but then added the following points into my defence. 

3. Even though the events linked to this claim occurred 1,056 days ago; the defendant has a clear recollection of that day. The defendant was a paying customer and attended Daisyfield pool for the first time in over 14 years for a swimming lesson/practice.

4. The defendant since then has tried to object the PCN and denies any liability for the breach of terms of conditions in their attendance to “Daisyfield Pools, Daisy Lane, Blackburn BB1 5HB” on the “10/06/2022. The CEL has since refused to cancel the PCN’s issued. The defendant has already and will continue to deny liability of any breached terms on the signs.

5. The defendant’s deniability is based on CEL’s failure to comply to the ‘British Parking Association Code of Practice’ in which CEL is a member of and must adhere to. As well as, CEL’s unlawful refusal to cancel the PCN despite clear evidence provided from the defendant that the location does not follow the BPA code of practice.

(i). Location “Daisyfield Pools, Daisy Lane, Blackburn BB1 5HB” is in breach of section “Signs” – (specifically 19.2, 19.3 & Appendix , against the BPA Code of Practice version 8 2020.

(ii). Location “Daisyfield Pools, Daisy Lane, Blackburn BB1 5HB” is also in breach of section “Signs” 3.1 (specifically 3.1.1. & 3.1.2 ’F), against the BPA Code of Practice version 1 2024.

Was this not good enough? What did I do wrong here? 

Coupon-mad

Plymouth court like this one?

https://forums.moneysavingexpert.com/discussion/comment/81507955/#Comment_81507955

Or Blackburn maybe?

See the reply from @Johnersh there. Make sure you comply with a bespoke defence well before the deadline. It is asking you for a 'further statement of case' so I think head it up like that but see what @Johnersh says about that.

Do NOT send it to the CNBC!

Which solicitor? DCB Legal? Or CEL acting in-house? The claim form says on the left. 

Show us the POC you were responding to.

Gr1pr

The letter mentions Burnley,  possibly under the same area as Blackburn 

sammyb1996

Coupon-mad said:

Plymouth court like this one?

https://forums.moneysavingexpert.com/discussion/comment/81507955/#Comment_81507955

Or Blackburn maybe?

See the reply from @Johnersh there. Make sure you comply with a bespoke defence well before the deadline. It is asking you for a 'further statement of case' so I think head it up like that but see what @Johnersh says about that.

Do NOT send it to the CNBC!

Which solicitor? DCB Legal? Or CEL acting in-house? The claim form says on the left. 

Show us the POC you were responding to.

Hi thanks for responding so quickly.
Burnley court. I’ve read Johnersh comment, so basically I could do with a shorter more relevant defence? I’ll comment to him soon for further advice.

Where do I need to send it to though this time round? Do I not need to do the N9B form? 

DCB LEGAL was/is acting on their behalf. But it’s CEL on this new letter from the court if that changes things? 

More images attached for you 

[Images removed by Forum Team]

Coupon-mad

You know where to send your new statement because the Order says the court address and you know that all paperwork must also go to DCB Legal because that Claim Form tells you that.

Use email and cc in DCB Legal but firstly, show us your bespoke draft.

sammyb1996

Coupon-mad said:

You know where to send your new statement because the Order says the court address and you know that all paperwork must also go to DCB Legal because that Claim Form tells you that.

Use email and cc in DCB Legal but firstly, show us your bespoke draft.

Okay thank you. I will draft a new bespoke one within the next few days and post here.

I also have another question on point 3 of the court letter, “The Defendant must file at Court and serve on every other party a further statement of case by 4pm on 15th July 2025”

Does this mean to include my witness statement (my version of events etc) within the defence or Separate to it/alongside it to my defence as well? 

Thanks again for your help. 

Gr1pr

Separate,  your court order with the hearing date on it will give both sides the relevant deadlines 

Just comply with the current order shown above 

sammyb1996

Gr1pr said:

Separate,  your court order with the hearing date on it will give both sides the relevant deadlines 

Just comply with the current order shown above 

Thanks so I should get a further communication at a later date to submit my WS/evidence etc? 

ChirpyChicken

sammyb1996 said:

Gr1pr said:

Separate,  your court order with the hearing date on it will give both sides the relevant deadlines 

Just comply with the current order shown above 

Thanks so I should get a further communication at a later date to submit my WS/evidence etc? 

Yes thats correct 

Johnersh

Right, so the o/p needs to get drafting. Then people can take a look.

There are no facts on this thread re the circumstances of the parking event either, so obviously that's the place to start.

Kaizen2024

The reason for issue was ‘no permit’, you have not addressed this claim in your defence; only that you went swimming.

You have quoted two codes of practice, separated by a 4 year period; only the CoP at the time is relevant and who ever is reading the defence is not going to go and find a copy of the CoP to look up the quoted sections to figure out what you are claiming.

Good to see another judge taking this stance, maybe they are fed up with all the biblical templates and hooha about inadequate PoC. Perhaps they are flicking past the template and only reading the defendants own words (I know this happens regularly in hearings); as I doubt the claimant would have paid the £313 to request that the defence is struck out.