Help with template defence on Paragrath 3

manwithoutaphone

Hello, I am using the template on the main page however I need some help writing my defence Im not sure how to 

I was not the driver, the vehicle is actually a licenced taxi, once the taxi dropped off at the terminal went to the BP Garage to refuel, garage was very busy the driver got a coffee a snack used the toilet in total took longer than 30 mins I think it was 35-37 mins using the garage, any suggestions and help thanks in advance  

Le_Kirk

What is the issue date of the Claim Form?  You seem to have written your defence paragraph #3, just change "I" to "the defendant".  I would remove any timings as they haven't shown any timings in the POC, don't do their job for them!  Suffice to say that you  (the defendant) have been advised by the driver that they bought fuel and refreshments and used the facilities. 

1505grandad

Who is the claimant?

manwithoutaphone

the claimant is Euro Car Parks and DCB Legal Ltd

manwithoutaphone

issue date was 28th Aug 2025

Le_Kirk

With an issue date of 28/08/25 and providing you complete the AoS after 02/09/25 and before 16/09/25

your defence deadline date is 4.00 p.m. on 30/09/25

Gr1pr

As its a petrol station at Gatwick,  probably no keeper liability,  because airport land is not relevant land 

In paragraph 2 of the template defence,  add the following to the end of the paragraph 

but not the driver 

After looking at other ECP DCB LEGAL cases on here over the last 6 weeks,  lets see your proposed draft of paragraph 3, written in the 3rd person 

Coupon-mad

And you can add an extra paragraph about Gatwick being an airport, thus the POFA 2012 doesn't apply, so the signatory of the claim particulars is misleading the court and defendant.

manwithoutaphone

Thanks for the responses been on a holiday   

I am about to send in my defence, please let me know if its ok, I have added to paragraph 2 which was posted, as well as writing paragraph 3, I'm not sure if I should add that the vehicle is a licenced taxi if its any help?

2. The allegation(s) and heads of cost are vague and liability is denied for the sum claimed, or at all. At the very least, interest should be disallowed; the delay in bringing proceedings lies with the Claimant. This also makes retrieving material documents/evidence difficult, which is highly prejudicial. The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). The Defendant has little recollection of events, save as set out below and to admit that they were the registered keeper but not the driver, the vehicle Gatwick being an airport, thus the POFA 2012 doesn't apply, so the signatory of the claim particulars is misleading the court and defendant.

3.  The defendant has been advised by the driver they brought fuel and refreshments used the facilities in the very busy garage, the driver was a customer in the garage the slow service from the garage was delaying the driver.

Coupon-mad

Yep that'll do!