Defence for this one?

[WithnailandI]

Hi

Need some help on behalf of my husband (he has been working literally all hours and now tells me about it)!

He received a claim form from Gladstones on behalf of PCM dated 9 April 2018 he has acknowledged it on 11 April online via Money Claim.

He parked in a BP station for 10mins to talk to the police – there was a robbery in one of the shops next to BP – he pulled in to tell the police he had seen some dodgy men in a car etc. did not take a statement as were not the men they were looking for. He said it was chaos and roads closed off etc

What would his defence be? No photos were sent to him (might show the police in the background?) – just one letter previously (which he ignored). Particulars of claim just says “the vehicle incurred the parking charge(s) on [date] for breaching the terms of parking on the land at [place].

Has he left it too late to make a defence?



Thanks

[ostell]

Has he got the original Notice to keeper that was sent? post it up. Smart often don't get it correct and there is no keeper liability. They have started the case because they hope to get an easy result because there was no initial response. Edit the post so that the driver cannot be inferred. Use "the driver...." etc.

Search around for suitable defences to Smart as the PoC are insufficient to determine the reason for the claim. Search on PepiPoo forum as well. Part of the defence would be frustration of contract as the driver was prevented from complying with any requirements by factors outside their control.

Having acknowledged it he has 33 days from date of issue to get a defence into the court. Failing to send in the defence would result in a default judgement, exactly what Gallstones are looking for.

[WithnailandI]

Hi Ostell
Thank you so much for replying - he does not have the original Notice. Will have a look at PepiPoo forum. "frustration of contract as the driver was prevented from complying with any requirements by factors outside their control" is a good start for the defence!
Thank you.