F1SRT parking

[ostell]

Post it up here and I'm sure you will get critique

[Husein55]

i would appreciate if anyone could give this a read through and let me know how if there's anything i could improve on, thanks (especially to ostell)

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DEFENCE

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1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

The Facts:

2. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

3. On the 06/11/2020 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule (CPR) 31.14 to the Claimant’s Solicitors. The defendant requested the Claimant provide copies of the PCN’s (Parking Charge Notices), Agreement/Contract and any/all relevant documents.

4. On the 18/11/2020 the Defendant sent a second CPR 31.14 to the Claimant’s solicitors and still received no response for the requested relevant documents.

5. The Claimant’s Solicitors have not carried forward their duties to respond to the CPR 31.14 letters. Both CPR letters were posted, and it can be confirmed the Claimants solicitors signed for both letters.

6. On the 06/11/2020, the Defendant sent a Subject Access Request letter to the Claimant. The Claimant’s solicitors acknowledged receipt of the letter and responded the request “will be provided within the requisite timeframe”.

7. On the 25/11/2020, the Claimant’s solicitors emailed the defendant that he would not be entitled to receive copies of the relevant documents from the Subject Access Request.

8. The defendant has not received any relevant documentation from the Claimant’s or their solicitors, despite Subject Access Request and CPR 31.14 letters sent to themselves.

9. Due to the Claimant and Solicitors not complying with the court’s requirements, the defendant is unable to build an appropriate defence.

10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

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

12. 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.

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



In the matter of costs, the Defendant seeks:

14. (a) standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b) that any hearing is not vacated but continues as a costs hearing, in the event of a late Notice of Discontinuance. The Defendant seeks a finding of unreasonable behaviour in the pre-and post-action phases by this Claimant and will seek further costs pursuant to CPR 46.5.

15. The Defendant invites the court to find that this exaggerated claim is entirely without merit and to dismiss the claim.

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.

[ostell]

Looks good