Back again to win again. Need some advice. Thanks.

AllSticks

I'm back again for a second time. First time they pulled out last minute before court date. A win!
Thanks again for all the help from this forum.

Re this new one, I've acknowledged on MCOL so I have a little time to get my defence in order.
Just want to check a couple of things. It's Gladstones (representing for Horizon Parking Ltd) this time. So as I understand it I am to copy the relevant Gladstones specific paragraph 3 into my 10 point defence, the paragraph below that starts: 

3. With regards to the POC in question, two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5.

Is this correct:

Am I to put my defence at the end of this paragraph 3 with the 10 point defence template?

My defence is that I was helping my pregnant wife with a young child and also a disabled woman and her husband, with bad knees, from a separate vehicle into a hotel lobby and rooms with all luggage and I went 2 mins over the allotted drop off time. Plenty of witnesses etc. (I tried to complain to the hotel but they weren't at all helpful/ interested.)

I can formulate the above neatly but just wish to know where it goes.

Hopefully I'm barking up the right tree.

Thanks in advance.

Coupon-mad

You don't add that detail about what happened, if they didn't plead a specified breach.

That para 3 doesn't look like the one linked for Gladstone cases. It's too short, look again at the link for the Chan/Akande defence words in the Template Defence thread.

Gladstones (representing for Horizon Parking Ltd) this time.

Then I suspect the PCN sum is exaggerated by £10 as we have seen every time. That wording has already been written in other Horizon claim threads where Gladstones typically list the PCN as £80 when in fact the signs said £70.

e.g. pleaded £80, should be £70:
 https://forums.moneysavingexpert.com/discussion/comment/81642574/#Comment_81642574

Tesco: pleaded £80, should be £70:
https://forums.moneysavingexpert.com/discussion/6622009/notice-of-proposed-allocation-to-the-small-claims-track/p2

Tesco: pleaded £80, should be £70:
https://forums.moneysavingexpert.com/discussion/comment/81533390/#Comment_81533390

Iceland: pleaded £90, should be £80:
https://forums.moneysavingexpert.com/discussion/6618133/horizon-gladstones-court-claim-2025/p1

Show us a pic of the POC but with your VRM covered up.

AllSticks

Here is the original PCN.
They give 15 mins allowance for drop off and I went 2 mins and 13 seconds over this helping my pregnant wife, child and disabled mother in law into the hotel and rooms with all their luggage. 

AllSticks

I have until Tuesday to submit my defence so any guidance and links to how I should setup my defence and submit it would be great. Thank you.

Gr1pr

Post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Coupon-mad

AllSticks said:

Here is the original PCN.
They give 15 mins allowance for drop off and I went 2 mins and 13 seconds over this helping my pregnant wife, child and disabled mother in law into the hotel and rooms with all their luggage. 

I didn't ask for the PCN.

We need to see the POC like you see on all claim threads. Read a few first, if unsure.

Also, I gave you several links to Horizon cases with defences including an added bit about the abuse of the extra tenner. Why not just copy one of those?

AllSticks

My apologies, here we go:

Gr1pr

So, the alleged actual breach is not pleaded in the POC so use the typical Chan and Akande defence template 

Le_Kirk

What is the date of issue of the N1SDT claim form?  If it is 30/10/25, I agree with your deadline of Tuesday

Coupon-mad

They've also added interest from an unspecified date, on an exaggerated sum, pre-loading interest on the top line of the amount claimed. Section 69 of the County Courts Act does not permit them to do this - nor is 8% the applicable rate. It is an abuse of the court's process on the same level as the fake £70 'damages' and the likely issue that they say the PCN was £85, when it was probably £75.

And they have lied that the Defendant can be held liable as keeper. Horizon didn't use the POFA schedule 4 (keeper liability law) in 2024. And Gatwick Airport is subject to byelaws so it is specifically not 'relevant land' as set by the law.

AllSticks

@Gr1pr Copy and paste with no personal story?

@Le_Kirk Issue Date on the form is actually 04 Nov 2025.
When I acknowledged on MCOL I was under the impression I had 14 extra days to present/register my defence.

@Coupon-mad - agreed on the use of the Chan and Akande defence template?

Thank you