Draft defence

[Mollygog]

https://imgur.com/a/EZfladY

[Mollygog]

These should be clearer. https://imgur.com/a/vpIqfAG

[Mollygog]

https://imgur.com/a/ASpcoip

[des8]

IMO you have not defended the claim, but have disputed their presumed evidence.
I would prefer something along the lines of below, but your defence and your choice
DEFENCE

1. .The Defendant received the claim xxx from Spring Parking Limited on dd/mm/yy
2. .Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The defendant avers the Claimant's statement of case firstly fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards the claim and secondly has failed to properly plead its case in accordance with CPR16.4(1)(a)
   1. state that the claim is for unpaid parking charges and refers to parking charge Notices (PCN(s) ) .It is unclear about the number of PCN(s) that the Claimant is seeking to claim against the Defendant and
      1. whether the PCN(s) (if more than one) were issued for the same breach of parking conditions at the same location or that the PCN(s) relate to different locations or both; and
      2 the Particulars of Claim alleges that the Defendant is liable as the Driver
      or alternatively keeper of the vehicle but fails to provide any reasons on
      which the Claimant relies upon to prove such liabilities..
4. It is well established that the Claimant must provide adequate pleadings and include all essential ingredients of the cause of action so as to enable the Defendant to understand the case against them. The Particulars of Claim, as drafted, are inadequate which makes it difficult for the Defendant to respond as she does not know or understand the basis of the Claimant’s case.
5. Further, the Defendant is surprised by the poor drafting of the particulars given that the Claimant is represented professionally by a firm of solicitors and so the lack of compliance with the CPR 16.4(1)(a) to formulate proper particulars cannot be excused. Accordingly, the court is invited to consider its general case management powers pursuant to CPR 3.1 to:
   1. make an order that unless the Claimant (i) files and re-serves an amended Particulars of Claim compliant with CPR 16.4(1)(a) and (ii) provide the necessary documentation in order for The Defendant to fully plead her case within 14 days of said order, then the claim shall be struck out and judgment entered in favour of the Defendant;
   2. If the Claimant should comply with such an order , the Defendant will then be in a position to amend her defence, and would ask that the Claimant bears the costs of the amendment.
      Or
   3. if the court considers it appropriate, to strike out the claim in whole or in part, as the basis that the claim discloses no reasonable grounds for a cause of action; and
   4. exercise any other case management powers the court sees fit
   5. Without prejudice to the foregoing paragraphs, the Defendant intends to respond to the allegations raised in the Particulars of Claim as best she is able.
   
   Defendant’s liability as the driver of the vehicle
6. .In the Particulars of Claim, the Claimant pursues the defendant as the driver, so it is fair to assume the Claimant has actual and/or constructive knowledge of the driver’s identity.
   However the Claimant has failed to produce any supporting evidence that demonstrates the Defendant was the driver of the vehicle when the alleged contravention(s) took place. It is the Defendant’s position that the Claimant’s allegations are nothing more than a fishing expedition and the Claimant has no knowledge of the driver

8 Defendants liability as the keeper
The claimant fails to state how the liability for an unpaid parking charge may be transferred from the driver to the owner of a vehicle
The Protection of Freedoms Act 2012 Schedule 4 does permit liability to be transferred from the driver to the registered keeper, but
the Claimant has failed to comply with certain mandatory conditions under POFA in order for the registered keeper to be held liable for the PCN(s):
e.gThese examples are illustrative and not exhaustive:
i) PoFA 2012 Schedule 4 para 9 (2) (a) states The notice must—specify ..... the period of parking to which the notice relates.
No PCN has been received shewing a period of parking
ii) A PCN has been received alleging the vehicle was parked on Mottingham Road SE9 4QZ.
However Mottingham Road is a public highway and not under the management of a private c parking company.
The car is not pictured on Mottingham Road, but in an unidentified location.





. The Defendant denies that the Claimant is entitled to the recovery of unspecified parking and damages in respect of the PCN(s) against the Defendant as either the driver or the keeper for the following reasons:
(i)in respect of liability as the driver the Defendant repeats paragraphs 6 & 7 of this Defence
(ii)in respect of liability as the keeper of the vehicle the claimant repeats paragraph 8 of this defence

1. 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.
2. Sign & date

Regarding requirement of an address, I think you are misreading CPR6.23 which states
Address for service to be given after proceedings are started

6.23(1) Unless the court orders otherwise, a party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a full postcode.

(2) Except where any other rule, practice direction or order makes different provision, a party’s address for service must be –

(a) the business address within the United Kingdom of a solicitor acting for the party to be served; or


I have emphasised the important bits!
The claim form includes the claimant's solicitor's full address
The case you referenced concerned a litigant in person

[Mollygog]

Thank you so much!! I’ve been losing sleep over this for weeks. I seriously can’t Thank you enough!!

[des8]

Thank you so much!! I’ve been losing sleep over this for weeks. I seriously can’t Thank you enough!!

That's OK
Check carefully and then check again what you write. I have just slightly rearranged the draft above.

If you need further input just post on this thread

[Mollygog]

Do you think I should add this or is it irrelevant as the car was on an unknown road anyway?
The alleged contract (a hidden sign, one of just two stating that vehicles 'must' be parked in marked bays and display a permit) was impossible to perform, as there are no parking bays, and it was impossible to obtain a permit after numerous attempts by the Defendant to acquire one. Thank you

[des8]

If you put that in, it indicates the car was parked in an identifiable location.
I would leave it out and see what explanation the claimant comes up with for getting the address wrong

[Mollygog]

Good thinking! Thanks again, you’ll be glad to hear I’m emailing it in Tomorrow

[Mollygog]

Do I just get a generic email auto response when I’ve sent my paperwork?

[des8]

AFAIK yes

[Mollygog]

Hi I’ve received this email, I obviously don’t want to settle
do I just ignore? Thank you in advance
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.



In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.



Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433within 7 days and make immediate reference to this correspondence.



If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

[des8]

standard DCB Legal letter.

I guess their directions questionnaire wants the case directed to the claimants home court and to be held in person over a zoom call (or such like)

You can download the directions questionnaire here https://www.gov.uk/government/public...l-claims-track (or wait until court send it to you0

You request, as defendant , that the hearing take place in person at your local court as per CPR 26 3 (3)

[Mollygog]

Yes Their directions questionnaire said that. I’ll wait till the court sends me one. Thank you so much

[Mollygog]

Can you advice me what to put on the directions questionnaire D1 Suitability for determination without a hearing please