I have recieved parking tickets from 2020 come to me a couple months ago and this is what I’ve got

Ihatedcbl

What should I put in my defence ?

Ihatedcbl

I have previously used a response from another for our to delay this as I was told it could delay them so that it would be over the amount of time that they couldn’t ask me to repay them but now it is a bit closer to the date they have sent this out to me

Car1980

For some reason you've posted every page of the pack except the one we need to see (personal details redacted) 😉

Ihatedcbl

Here is the other piece of the letter,sorry

Car1980

Usual DCB Legal nonsense. Template defence > discontinuation early next year.

Ihatedcbl

Where can I find template defence?

Gr1pr

Ihatedcbl said:

Where can I find template defence?

In announcements at the top of the forum,  please read the first 2 posts in it

Then read the 2nd post in the newbies sticky thread in announcements near the top of the forum by coupon mad as well 

Ihatedcbl

Parking ticket defence

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

Preliminary matter: The claim should be struck out

2. The Defendant draws to the attention of the allocating Judge that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal).  The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based in the following persuasive authority.

3. A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment (transcript below) the Court should strike out the claim, using its powers pursuant to CPR 3.4.

[INSERTED 4 CEL V CHAN TRANSCRIPT PICS]

The facts known to the Defendant:

4. 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 and driver.

5. The Defendant, at the time of the incident, was visiting the Royal Mail East Oxford Delivery Office, located opposite to where the Defendant parked his car.

6. The Defendant had not noticed any signage close to the where he had parked his vehicle, showing the terms and conditions for use. The small signage was not suitable to alert a motorist.

7. The Royal Mail East Oxford Delivery Office was closing at 10am. The offence occurred at 9:55am. There were double yellow lines but The Defendant didn’t notice any additional notices especially given the pressure of time running out before the delivery office closed. The Defendant was inside the delivery office for about 4 mins. The Defendant doesn’t live in Oxford theirself anymore so The Defendant not familiar with the area and didn’t realise it has changed.

8. The Defendant spoke to the organisations (IPIF and JLL (IPIF c/o JLL)) who Nuffield Industrial Estate seems to be in care of and IPIF and JLL both wrote back to The Defendant via email to say:

8.1. IPIF: “We do not operate any form of parking control at this estate.”

8.2. JLL: “UKPC are not operating under instruction from us so I am afraid that you need to resolve the matter with them. It is possible that they are appointed by Royal Mail – have you tried that route?”

8.3. And then The Defendant also spoke to Royal Mail via Phone and they said they don't issue parking tickets at that site.

9. The Defendant, at the time of parking, did not observe any clearly visible signage detailing the terms and conditions of car park use near the parked vehicle's location, leading to an unawareness of any parking restrictions. It was only upon a subsequent revisit to the area that several critical facts about the signage were established. Firstly, the sign on the building wall distant from view.

9.1. Additionally, the existing signage on the wall was found to be positioned at an elevated and obscure location on the building.

9.2. Furthermore, the signage was unlit, substantially diminishing its visibility, especially during times of low light, thus impacting its effectiveness in conveying the necessary information to motorists who visit at night.

This is the template I have found should I write all this on my paper or can I email them a response 

Gr1pr

No, it reads more like a witness statement , and it's UKPC , not Smart 

Stick to the template defence,  especially when the alleged breach is pleaded in the POC,  so no Chan and Akande 

The POC say , insufficient paid time   ( Smart Parking via DCB Legal,  issue date 20th August  )

Login to MCOL and complete the AOS online first,  ASAP 

Ihatedcbl

I still can’t seem to find the page you are talking about could you link in please

Gr1pr

Go to the top of this forum,  above your thread , look at the 7 announcements there 

The defence template thread is 3rd down from the top,  and the newbies thread is 7th from the top