Draft defence

[Mollygog]

Is there an example of a draft defence for a parking ticket, I can view on here?

[des8]

There are hundreds of threads on here about parking, and many different defences depending on the circumstances
Here's a link to that particular section https://legalbeagles.info/forums/for...charge-notices

If you can't find what you are looking for come back here

[Mollygog]

When writing my defence can I just list the reasons, or do I have to use legal terms?

[des8]

Are you actually writing a defence to a court claim, or an appeal against a parking charge from a private parking company?
Or is it a penalty charge from a local authority?

[Mollygog]

Defence for a court claim. I’ve just noticed the ticket from the private parking company I got was on a private road behind my flat, which is unnamed, but the parking company have put the address at the front of the property, which is council run road, so surely this is would be enough defence on its own?

[des8]

When defending a court claim for a parking charge notice the chances pf winning are enhanced by disputing as much of it as possible.
It is unwise just to concentrate on a single aspect.

If you would like some assistance I would recommend you post up copies of all notices and other documents you have received.
Just remove identifying details (address and reference numbers) but leave in all dates and times.

details about the circumstances & geography would also be helpful.
Also advise if driver has been identified

Have you acknowledged the claim?

[Mollygog]

Yes acknowledged claim, defence has to be in by Tuesday. I’ve also researched about the other issues, ie signs saying must be in a bay, there are No bays. Must have a permit, tried at least 10 times to acquire one to no avail.The company also used a P.O. Box as an address, found the law on that, also No signs at entrance to road, only 2 in dubious places. Plus they supplied 2 photos of my car and 1 of a sign, all date and time stamped. But another 4 photos not date or time stamped, of a completely different area! So I think I have enough there hopefully!

[des8]

OK good luck.
Not having seen the claim, or any of the documents, it is impossible to help draft a defence.

There is one in the SHORTCUTS panel on the right of this page.
This was for debt related matters, so will need modification, but might help you.

Similarly here is a typical defence against poorly drafted claims, but whether or not it is at all applicable in your case we can't say

DEFENCE
1.The Defendant received the claim xxx from the CCBC on xxx

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be a parking charge following a breach of contract

4.It is admitted that the Defendant is the registered keeper of Vehicle xxxx is reg

5.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess The Defendant's position with regards the claim.

6.The Claimant’s Particulars of Claim do not state the full location of the car park where the alleged breach occurred

7. The Claimant's Particulars of Claim are unclear on whether the Defendant was the driver or was the keeper of the vehicle at the time of the alleged incident.

8.On the DD/mm/YY the Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to XXXX.

9. xxxx has not sent any of these documents to the Defendant.

10.The Defendant respectfully requests the court orders the Claimant provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[Mollygog]

Thank you I’ll use some of the template above, Thank you so much for your help

[Mollygog]

Is this any good as a defence? Thank you in advance


CENTRE 7451

SPRING PARKING LTD

101454.14421D

Claimant

Defendant(s)

I dispute the claimant's claim because:

.The defendent denies that the claimants entitled to relief in the sum claimed or at all

1. The PCN says 47-75 Mottingham Road, which is council run,and not owned by a private landowner, The PCN was obtained on a private unnamed road at the rear of the property. Spring parking do not manage the land mentioned on the PCN,
2. The signage on and around the site in question was limited, and did not meet the British Parking Associations code of Practise. No signs on entrance to road, and only 2 signs which were in dubious places, and could easily be missed
3. The alleged contract on the sign stated Vehicles "MUST" be parked in designated bays and display a valid permit. Both were impossible to perform as there are NO designated bays, and after numerous attempts,the defendent could not obtain a permit
4. The defendent disputes the evidence (photos) supplied of which some were not, time and date stamped, and not from the area in question at all
5. 5. Further and in the alternative, the claim form is defective, per CPR PD 16, 2.1: "The claim form must include an address (including the postcode) at which the claimant lives or carries on business, even if the claimant's address for service is the business address of their solicitor." A PO Box is not a valid registered company address, held HHJ Paul Matthews in Smith v Marston Holdings Ltd & Anor

2020 EW Misc 23 (CC).

7.5.1. This Claimant must comply with the CPRs: they are legally represented and would be the first o accuse the Defendant of any slip in terms of compliance with court rules. The Defendant believes that this, plus the fact that the interest has been improperly calculated on the entire claim - including the imaginary 'damages' - from the day of parking, as if the PCN was £165 that day (when in fact it was £55) should be more than sufficient abuse of process for the Claim to be struck out at allocation stage.

[Mollygog]

• Is this any good as a defence? Thank you in advance
  
  
  CENTRE 7451
  
  SPRING PARKING LTD
  
  101454.14421D
  
  Claimant
  
  Defendant(s)
  
  I dispute the claimant's claim because:
  
  .The defendent denies that the claimants entitled to relief in the sum claimed or at all
  1. The PCN says 47-75 Mottingham Road, which is council run,and not owned by a private landowner, The PCN was obtained on a private unnamed road at the rear of the property. Spring parking do not manage the land mentioned on the PCN,
  2. The signage on and around the site in question was limited, and did not meet the British Parking Associations code of Practise. No signs on entrance to road, and only 2 signs which were in dubious places, and could easily be missed
  3. The alleged contract on the sign stated Vehicles "MUST" be parked in designated bays and display a valid permit. Both were impossible to perform as there are NO designated bays, and after numerous attempts,the defendent could not obtain a permit
  4. The defendent disputes the evidence (photos) supplied of which some were not, time and date stamped, and not from the area in question at all
  5. 5. Further and in the alternative, the claim form is defective, per CPR PD 16, 2.1: "The claim form must include an address (including the postcode) at which the claimant lives or carries on business, even if the claimant's address for service is the business address of their solicitor." A PO Box is not a valid registered company address, held HHJ Paul Matthews in Smith v Marston Holdings Ltd & Anor
  
  2020 EW Misc 23 (CC).
  
  7.5.1. This Claimant must comply with the CPRs: they are legally represented and would be the first o accuse the Defendant of any slip in terms of compliance with court rules. The Defendant believes that this, plus the fact that the interest has been improperly calculated on the entire claim - including the imaginary 'damages' - from the day of parking, as if the PCN was £165 that day (when in fact it was £55) should be more than sufficient abuse of process for the Claim to be struck out at allocation stage.
  • Thank Post0

[des8]

Sorry, but cannot comment on the appropriateness of your defence as I have not seen the claim form

[Mollygog]

I cannot upload photos it says too large, and I don’t know how to make them smaller. Thank you

[des8]

put them on a hosting site such as imgur and post link here

[Mollygog]

Are these clear enough? Thank you