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  • FIRST POST
    • k4ren2006
    • By k4ren2006 14th Jun 19, 10:48 AM
    • 43Posts
    • 43Thanks
    k4ren2006
    VCS County Claim
    • #1
    • 14th Jun 19, 10:48 AM
    VCS County Claim 14th Jun 19 at 10:48 AM
    Hi there.

    I'm starting a new thread (hope this is okay) as I'm having trouble with a defence.

    The claimant has started proceedings for an alleged charge notice 4 and a half years ago.

    Their particulars state date but no address. It simply says the 1st 3 digits of a postcode which encompasses an entire city centre.

    Going back to the date - the defendant didn't own (or have access to) that vehicle until some months later.

    Shall I keep this simple with the following defence or is there something else I should add....

    1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

    2. Due to the sparseness of the particulars, it is unclear as to what address the alleged contravention took place.

    3. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

    I believe the facts contained in this Defence are true.

    Name
    Signature
    Date

    Obviously, the vehicle owner for that date has been informed and is happy to prove he owned the car at the time and did not receive a CN. I'm unsure whether to mention the keeper details as I'd like to hold back on this in case there was a CN at a later date so don't really want to be going through this again.

    Thanks in advance....Karen x
Page 2
    • Coupon-mad
    • By Coupon-mad 19th Jun 19, 2:11 AM
    • 76,496 Posts
    • 89,853 Thanks
    Coupon-mad
    No they aren't, surely they have described the parking charge as 160?
    It wasn't. They added sixty quid, surely?

    See the linked thread for my post re how to end a defence by attacking the fake costs. At least the awful Swansea Judges might finally notice that they are being led up the garden path on costs, if Defendants push this fact.

    Statement of Defence
    Wrong heading. See the more recent defence examples all over the forum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • k4ren2006
    • By k4ren2006 3rd Oct 19, 10:19 AM
    • 43 Posts
    • 43 Thanks
    k4ren2006
    Hi everyone.
    Hoping for a little more advice.

    Our questionnaire has been filled in and submitted to both the court and the claimant and we now have a court date.

    So, we now have to prepare our witness statements..so here goes...

    The claimant has made a claim for a contravention (very sketchy particulars) however we have received information via a SARS request so the claimant is going for 'not displaying a permit or ticket' but we have two different dates.

    The claimant has claimed in the particulars that the contravention occurred on 7/1/2015 but we have received information of a ticket (photos etc but no notice to keeper) for a date in July.

    The defendant did not own the vehicle in January and has proof of this from the DVLA. The keeper of the vehicle in January is also willing to provide a witness statement and even appear in court and will confirm they did not park at said place and no contravention occurred in January.

    Question 1 - do you think the judge may allow for this 'error' from the claimant so should we prepare for this or is it a case of tough luck - they got their dates wrong?

    Question 2 - Do we keep this simple and provide the evidence from the DVLA and see what happens or do we provide the witness statement from the actual keeper as well?

    The photo shows a grainy square of paper on the dashboard but it not conclusive to what the paper may be - it may be an employee permit or a valid ticket (we've won a similar case against the same company previously on their pathetic 'evidence'). The digital date clearly shows July and not January.

    Sorry for all the questions but we'd like to win.

    Thanks in advance all

    Karen
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