HELP! N244 defence/argument - CCJ in absence claim not served (wrong address)

[benythebull]

Hi there

I am really struggling to get my defence and argument done for a contested set aside and it needs doing today!! I am just awful at this kind of thing and need some help.

I took advice on peppipo and already emailed Private Parking Solutions and Gladstones Solicitiors on 09/09/22 to ask or them to agree to set aside but heard nothing back (I also attached a consent order)

I believe that today is my last chance to write to the court and apply for a contested set aside via a N244

Can anyone help point me to the correct documents so that I may do this?

Do you need all details of the fine because I don't have a lot other than the which is what the court wrote to me after I found out I had a CCJ

Here’s what court sent me by email ;

Reason for the claim:
THE DRIVER OF THE VEHICLE WITH REGISTRATION KR10XXX (THE 'VEHICLE') PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE (THE 'CONTRACT') AT TESCO EXPRESS KINGSBURY (5620) NW9 9HN - 664 KINGSBURY ROADLONDON NW9 9HN, ON 20/07/2018 THUS INCURRINGTHE PARKING CHARGE (THE 'PCN'). THE PCN WAS NOT PAID WITHIN 28 DAYS OF ISSUE. THE CLAIMANT CLAIMS THE UNPAID PCN FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMANDS BEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £100 FOR THE PCN, £70.00 CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £52 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.04 PER DAY.

I moved home in November 2019 and had my mail forwarded for 3 months to the new address, after that, all post was "returned to sender" by the new owner of my house. All utilities, dvla, banks etc went into my name at the new address so they shouldn't have had an issue finding me. I don't know I they wrote to me or not but I don't recall having received anything.

I spoke to Gladstones who confirmed that they did a credit search at my old address before sending out the claim form and apparently it came back that I was still living at the old address (they couldn't say how or why).

Please forgive my haste in writing this post. I am getting a bit desperate.

TIA

[R0b]

Why does your application need to be done today, who said that it must be done today, the court? Set aside applications must be submitted promptly and the longer you leave it, the less likely you are of getting it set aside. The question of promptness is only relevant where you are asking the court to set aside for some other good reason under CPR 13.3 (rather than mandatory under CPR 13.2 which means the court must set it aside regardless of whether you have a defence or even if you weren't prompt).

If you have engaged with Gladstone on 09/09 then you are probably ok with time but I would submit your application no later than the end of this week. The issue of promptness comes into play if you've sat on your hands and done nothing, whereas here it seems you have attempted to engage with the other side to try and agree a set aside.

It sounds like you may have grounds under CPR 13.2 to set aside on a mandatory basis in that they failed to take reasonable steps to ascertain your last known address but you don't want to solely rely on that so you should also file a defence to show that you have a good prospect of successfully defending the claim - the bar for this isn't that high really.

For the application, you will need to have a witness statement and a draft defence. Are you able to upload these here for us to review or have you got nothing? Make sure to redact personal information and PCN/Claim numbers.

[benythebull]

Why does your application need to be done today, who said that it must be done today, the court? Set aside applications must be submitted promptly and the longer you leave it, the less likely you are of getting it set aside. The question of promptness is only relevant where you are asking the court to set aside for some other good reason under CPR 13.3 (rather than mandatory under CPR 13.2 which means the court must set it aside regardless of whether you have a defence or even if you weren't prompt).

If you have engaged with Gladstone on 09/09 then you are probably ok with time but I would submit your application no later than the end of this week. The issue of promptness comes into play if you've sat on your hands and done nothing, whereas here it seems you have attempted to engage with the other side to try and agree a set aside.

It sounds like you may have grounds under CPR 13.2 to set aside on a mandatory basis in that they failed to take reasonable steps to ascertain your last known address but you don't want to solely rely on that so you should also file a defence to show that you have a good prospect of successfully defending the claim - the bar for this isn't that high really.

For the application, you will need to have a witness statement and a draft defence. Are you able to upload these here for us to review or have you got nothing? Make sure to redact personal information and PCN/Claim numbers.

Hi there and thank you

I found out about the CCJ 3 weeks ago and by the time I worked out what steps I could take it was about 10 days ago. That's when I emailed gladsones and private parking solutions but no response at all.

I have nothing in place at present other than a copied defence from another post and a copied argument from another post also.

If you can point me in the right direction I will get this done later today

[R0b]

I have attached an example N244 completed plus witness statement and defence. A few points to note:

- References within square brackets and/or highlighted in yellow will need to be completed by you as they are just placeholder information.

- In the witness statement I have added some comments to give you some guidance.

- You will see in the defence document the title on the first page says "Defence" you should replace that with "Draft Defence".

- Also the defence template is a one size fits all and is not fully completed by me (it's a work in progress I have for a PCN against me) so it's likely that some of the points may not apply. You will need to use your logic and delete what you think is inappropriate or if you don't know, just ask. Remember it is a draft defence so it doesn't need to be polished, just enough to show you have a reasonable prospect of successfully defending the claim.

If you need any feedback on the documents you complete, you should upload them on here first but make sure to delete references to personal data and things that can identify you, as this is a public forum accessible by anyone - marking those references with XXXX is sufficient.

You should also attach a draft order of what you are seeking from the court, I can provide that tomorrow but this should be enough to get you going.

Finally, you may want to read up on the set aside guide I wrote some time ago as there might be a few tips for you in preparation for your hearing and how to request costs if successful or unsuccessful. The link is here

Any questions, let me know.

[benythebull]

Thank you so much for all of this info. Will get onto it straight away and post drafts tomorrow. Really appreciate this info. Thanks again!!!!!

[benythebull]

Hi

ok, N244 is done and this is what I could fit into the box asking for what I am applying for....witness statement below and working through the defence now. Thank you thank you, you are a life saver!!!

1. An order (draft attached) that the judgment dated 13-JUL-2022 be set aside because pursuant to CPR 13.2 and 13.3 as the defendant has a real prospect of successfully defending the claim for the reasons set out in the draft defence annexed to this application 2. Costs of court fees and expenses

Here is the draft witness statement;

I, [insert full name] of [insert your address] will state as follows:


1. I am the Defendant in this application, and I make this statement in support of an order to set aside a default judgment entered on [13-Jul-2022] in favour of the Claimant. The claim relates to an alleged outstanding parking ticket.

2. The facts and matters set out in this statement are within my own knowledge unless otherwise stated, and I believe them to be true. Where I refer to information supplied by others, I will identify that source of information.
Relevant facts

1. In or around [30-Aug-2022], I was handed some random mail from the owner of my previous house (I moved home in mid/late 2019) and amongst the letter I discovered a “Judgement for Claim (in default)” which was a shock. I contacted CCBC and they then emailed the details of the offence which allegedly took place in Tesco Car Park, Kingsbury Road, London NW9 on 20-Jul-2018. I had responded to the claimants prior to moving asking specific details of the offence as I was only informed that whoever was driving the vehicle that day had been in “breach of contract”. I also asked them for proof of signage and proof of contract. They did not respond before I moved home and I assumed that it had been dropped.

2. When I moved home in mid/late 2019 I left specific instructions with the new homeowners to put any post still being addressed to me back in the post as anyone who took reasonable steps to find me could easily do so. They did this.

3. I moved all utility bills, bank accounts, council tax, utilities, DVLA info, insurance info, mortgages etc to my new address when I moved. I even had a redirection of post to my new address for the period of 1 month. I have also specifically spoken with DVLA who confirmed that I applied for a new driving licence (because I had moved) on 01-Oct-2019, unfortunately they were unable to send me proof of this but it is on record with them for anyone to check.

4. Once I fully understood the situation I contacted the Claimant’s Solicitor (Gladstones) who said that there was nothing further they could do to assist me and my only option was to pay up. This is untrue.

5. I wrote to both Private Parking Solutions Ltd and Gladstones Solicitors on 09-Sep-2022 to inform both parties that the claim (J5GF76Z7) was not served. I explained that I had moved home well before they attempted to serve the claim and that they would also have been fully aware that no response would have come from any further correspondence they had sent out. Moreover, they would have also received returned post confirming my absence.

6. In my email of 09-Sept-2022 to both parties I gave them 5 working days to agree to set the judgement aside to help mitigate costs. I also attached a consent order to make things simpler. However, I have heard nothing from either party.

7. The email also stated that if they do not agree I would have to apply for a contested set aside under CPR 13.2 as the failure to serve correctly lies firmly with them.

8. I was completely unaware that the Claimant had issued proceedings against me in relation to a PCN. I have tried to resolve the matter by asking them to set it aside but with no response by email and a phone call to Conor, of Gladstones Solicitors, in which they informed me that they would not set it aside I have been with no choice but to make this application and request that the default judgment be set aside. Grounds for setting aside the default judgment

Claimant’s failure to take reasonable steps to ascertain the last known address

9. It is my reasonable belief that the Claimant did not carry out reasonable checks (if any) in order to obtain my last known address in accordance with Rule 6.9(3) of the Civil Procedure Rules. After I moved out of Old Address, I updated all relevant records to reflect the change of address to New Address including, the local council, the Driver and Vehicle Licensing Agency as well as banks and insurance companies.

10. In any event, the lack of response and returned post from the Claimant correspondence to the Old Address would have raised reasonable suspicion that I may no longer live there and therefore ought to have prompted further steps to be taken to ensure that the Old Address was my most recent address.

11. For these reasons stated above, the Claimant has clearly failed to take the necessary steps to comply with CPR 6.9(3) by ascertaining my last known address and therefore service of the claim form was irregular and defective. It follows that the time required to file a defence did not expire and the default judgment should be set aside as of right pursuant to CPR 13.2. Reasonable prospect of successfully defending the claim

12. As can be seen from the draft defence attached to this witness statement, I have a real prospect of success in defending the claim against me. Conclusion

13. In summary, I acted promptly when I found out about the judgment and explained why I did not respond to the claim when it was issued. I consider that service of the claim form was invalidly served because of the Claimant’s failure to carry out reasonable investigations in order to ascertain my last known address, but also that I have a reasonable prospect of successfully defending the claim.

14. In the circumstances, I respectfully ask the Court to set aside the judgment under 13.3 (a) or 13.3(b) of the CPR, or both. Statement of Truth

I believe that the facts in this witness statement are true.

[R0b]

1. Make sure to remove all square brackets, as I see there are some still in that draft.

2. Put your dates like XX/XX/XXXX.

3. When making references to correspondence or discussions, always specify the date and the method e.g. I wrote to Gladstone by letter on XX/XX/XXXX or I telephoned the Claimant on XX/XX/XXXX. If you don't remember the exact date then say some thing like On or about XX/XX/XXXX or if you really don't remember the date but you can remember the month then you would say in or around September, October November ...

4. See below my comments on the witness statement. There's probably more tweaking that could be done but below should be enough to. start with. Next time if you can upload the redacted word version it might be easier to comment.

1. In or around [30-Aug-2022], I was handed some random mail from the owner of my previous house (I moved home in mid/late 2019) and amongst the letter I discovered a “Judgement for Claim (in default)” which was a shock. I contacted CCBC and they then emailed the details of the offence which allegedly took place in Tesco Car Park, Kingsbury Road, London NW9 on 20-Jul-2018. I had responded to the claimants prior to moving asking specific details of the offence as I was only informed that whoever was driving the vehicle that day had been in “breach of contract”. I also asked them for proof of signage and proof of contract. They did not respond before I moved home and I assumed that it had been dropped.

This looks to be the wrong way around. I would suggest you start with receiving a parking charge letter first at which point you responded denying liability and requesting evidence that there was a contract etc. Then say you heard nothing back from them between X date and Y date, at which point you assumed nothing more and the matter had been dropped. Then you moved to your new address on X date.

2. When I moved home in mid/late 2019 I left specific instructions with the new homeowners to put any post still being addressed to me back in the post as anyone who took reasonable steps to find me could easily do so. They did this.

Not sure this is relevant enough and could introduce uncertainty as to whether the new homeowners did this every time. Also it might be argued this is similar to a postal redirection. Only set the facts out as concisely and the parts you want to rely on, don't do the work for the other side.

3. I moved all utility bills, bank accounts, council tax, utilities, DVLA info, insurance info, mortgages etc to my new address when I moved. I even had a redirection of post to my new address for the period of 1 month. I have also specifically spoken with DVLA who confirmed that I applied for a new driving licence (because I had moved) on 01-Oct-2019, unfortunately they were unable to send me proof of this but it is on record with them for anyone to check.

Delete font in red as you have already said you notified them, that's it.

4. Once I fully understood the situation I contacted the Claimant’s Solicitor (Gladstones) who said that there was nothing further they could do to assist me and my only option was to pay up. This is untrue.

This paragraph is probably where you say in para. 1 that you then became aware of the CCJ and after contacting the court, you then contacted Gladstones who were on record as the Claimant's legal rep.

5. I wrote to both Private Parking Solutions Ltd and Gladstones Solicitors on 09-Sep-2022 to inform both parties that the claim (J5GF76Z7) was not served. I explained that I had moved home well before they attempted to serve the claim and that they would also have been fully aware that no response would have come from any further correspondence they had sent out. Moreover, they would have also received returned post confirming my absence.

Suggest you delete the font in red.

6. In my email of 09-Sept-2022 to both parties I gave them 5 working days to agree to set the judgement aside to help mitigate costs and attached a consent order. I also attached a consent order to make things simpler. However, I have heard nothing from either party.

Merge with para. 5 and delete font in red and add font in blue.

7. The email also stated that if they do not agree I would have to apply for a contested set aside under CPR 13.2 as the failure to serve correctly lies firmly with them.

I would delete this paragraph as unnecessary.

8. I was completely unaware that the Claimant had issued proceedings against me in relation to a PCN. I have tried to resolve the matter by asking them to set it aside but with no response by email and a phone call to Conor, of Gladstones Solicitors, in which they informed me that they would not set it aside I have been with no choice but to make this application and request that the default judgment be set aside.

Some of this paragraph is repeated in earlier paragraphs. Does this not sit in paragraph 5/6? delete any duplicate wording and make sure to spell out the dates and times you called Gladstones.

I believe that the facts in this witness statement are true.

This is wrong and out of date I should have updated it but the correct wording for the statement of truth is:

I believe that the facts stated in this witness statement 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.

[benythebull]

Rob, thank you kindly. Here is the improved version.

1. In or around August 2018 I received a parking charge letter from Private Parking Solutions Ltd for an alleged offence which took place in a Tesco Local car park, in Kingsbury, London.

1. On or around September 2018 I responded to the claimants by post denying liability and asking for specific details of the offence as I was only informed that whoever was driving the vehicle that day had been in “breach of contract”. I asked them for proof of signage and proof of contract. They did not respond between September 2018 and August 2019 and I assumed the case had been dropped. I moved home in September 2019.

1. I moved all utility bills, bank accounts, council tax, utilities, DVLA info, insurance info, mortgages etc to my new address when I moved. I even had a redirection of post to my new address for the period of 1 month.

1. In or around XX XX XXXX, I was handed some random mail from the owner of my previous house and amongst the letters I discovered a “Judgement for Claim (in default)” which was a shock. I contacted CCBC and they then emailed the details of the offence which are very brief.

1. Once I fully understood the situation and remedy, I contacted the Claimant’s Solicitor (Gladstones) by phone on xx xx xxx who said that there was nothing further they could do to assist me and my only option was to pay up. This is clearly untrue.

1. On xx-xx-xxxx I wrote an email to both Private Parking Solutions Ltd and Gladstones Solicitors to inform both parties that the claim (XXXXXX) was not served. I explained that I had moved home well before they attempted to serve the claim and that they would also have been fully aware that no response would have come from any further correspondence they had sent out which should have been enough for them to realise it was a bad address for me. I gave them 5 working days to agree to set the judgement aside to help mitigate costs and also attached a consent order. However, I have heard nothing from either party.

1. Having had no response from either the Claimant or their Solictor I have been left with no choice but to make this application and request that the default judgment be set aside.

I believe that the facts stated in this witness statement 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.

[R0b]

Looks ok, but the third paragraph where it says "I moved all utility bills..." you might want to amend it so that you say "I updated all utility bills..."

Also, here is the draft order that you can attach to the application. if you leave paragraph 2 date as is but you can look to recover costs under paragraph 4 which is based on the time spent preparing your application, witness statement and defence. the hourly rate is currently £19 per hour so just multiply that by the number of hours (or half hours) spent and insert the figure. Just don't go crazy and say you spent about 50 hours because any judge will see through that. Anywhere between 5 and 10 hours is probably adequate but it needs to be reasonable and accurate, you can't pluck something out of thin air in case you are asked about it.

Leave everything else in square brackets blank as it is a draft order for the judge to consider, not for you to complete yourself. Also note that in your defence, the statement of truth needs to be the same as the witness statement.

[benythebull]

thank you Rob

here is witness statement with the last points added that I'd missed off.

I am doing defence now but finding it a little daunting.....

thank you for all the help and for the draft set aside

1. n or around August 2018 I received a parking charge letter from Private Parking Solutions Ltd for an alleged offence which took place in a Tesco Local car park, in Kingsbury, London.

1. On or around September 2018 I responded to the claimants by post denying liability and asking for specific details of the offence as I was only informed that whoever was driving the vehicle that day had been in “breach of contract”. I asked them for proof of signage and proof of contract. They did not respond between September 2018 and August 2019 and I assumed the case had been dropped. I moved home in September 2019.

1. I updated all utility bills, bank accounts, council tax, utilities, DVLA info, insurance info, mortgages etc to my new address when I moved. I even had a redirection of post to my new address for the period of 1 month.

1. In or around XX XX XXXX, I was handed some random mail from the owner of my previous house and amongst the letters I discovered a “Judgement for Claim (in default)” which was a shock. I contacted CCBC and they then emailed the details of the offence which are very brief.

1. Once I fully understood the situation and remedy, I contacted the Claimant’s Solicitor (Gladstones) by phone on xx xx xxx who said that there was nothing further they could do to assist me and my only option was to pay up. This is clearly untrue.

1. On xx-xx-xxxx I wrote an email to both Private Parking Solutions Ltd and Gladstones Solicitors to inform both parties that the claim (XXXXXX) was not served. I explained that I had moved home well before they attempted to serve the claim and that they would also have been fully aware that no response would have come from any further correspondence they had sent out which should have been enough for them to realise it was a bad address for me. I gave them 5 working days to agree to set the judgement aside to help mitigate costs and also attached a consent order. However, I have heard nothing from either party.

1. Having had no response from either the Claimant or their Solictor I have been left with no choice but to make this application and request that the default judgment be set aside.

Grounds for setting aside the default judgment

Claimant’s failure to take reasonable steps to ascertain the last known address

8.It is my reasonable belief that the Claimant did not carry out reasonable checks (if any) in order to obtain my last known address in accordance with Rule 6.9(3) of the Civil Procedure Rules. After I moved out of Old Address, I updated all relevant records to reflect the change of address to New Address including, the local council, the Driver and Vehicle Licensing Agency as well as banks and insurance companies.
9. In any event, the lack of response and returned post from the Claimant correspondence to the Old Address would have raised reasonable suspicion that I may no longer live there and therefore ought to have prompted further steps to be taken to ensure that the Old Address was my most recent address.
10. For these reasons stated above, the Claimant has clearly failed to take the necessary steps to comply with CPR 6.9(3) by ascertaining my last known address and therefore service of the claim form was irregular and defective. It follows that the time required to file a defence did not expire and the default judgment should be set aside as of right pursuant to CPR 13.2. Reasonable prospect of successfully defending the claim

11. As can be seen from the draft defence attached to this witness statement, I have a real prospect of success in defending the claim against me. Conclusion

12. In summary, I acted promptly when I found out about the judgment and explained why I did not respond to the claim when it was issued. I consider that service of the claim form was invalidly served because of the Claimant’s failure to carry out reasonable investigations in order to ascertain my last known address, but also that I have a reasonable prospect of successfully defending the claim.
13. In the circumstances, I respectfully ask the Court to set aside the judgment under 13.3 (a) or 13.3(b) of the CPR, or both.



I believe that the facts stated in this witness statement 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.

[benythebull]

Looks ok, but the third paragraph where it says "I moved all utility bills..." you might want to amend it so that you say "I updated all utility bills..."

Also, here is the draft order that you can attach to the application. if you leave paragraph 2 date as is but you can look to recover costs under paragraph 4 which is based on the time spent preparing your application, witness statement and defence. the hourly rate is currently £19 per hour so just multiply that by the number of hours (or half hours) spent and insert the figure. Just don't go crazy and say you spent about 50 hours because any judge will see through that. Anywhere between 5 and 10 hours is probably adequate but it needs to be reasonable and accurate, you can't pluck something out of thin air in case you are asked about it.

Leave everything else in square brackets blank as it is a draft order for the judge to consider, not for you to complete yourself. Also note that in your defence, the statement of truth needs to be the same as the witness statement.

do I literally leave everything in the brackets? words like "Claimant", "Claim No' or "date" or should I delete and leave a blank?

[R0b]

Complete everything like you would with your witness statement and defence but leave paragraph 2 date in brackets.

[benythebull]

Complete everything like you would with your witness statement and defence but leave paragraph 2 date in brackets.

Hey Rob, I've done the N244, Witness Statement, Set aside draft. Just the defence and it looks like there is a lot of stuff I am unable to include. I am not really sure what to do, what to remove, what is relevant to my case and what isn't.. Is there any way you can help me with it at all? I am desperate to get the ball rolling as I was advised I only had 3 weeks from finding out about the CCJ to as k for the set aside and 3 weeks is up today!!!

Sorry for being a pain. Also, is there a way to upload the documents for your perusal? or should I just copy and past like I've been doing so far?

Thanks once again!!

[benythebull]

Have given it a bash......

INTRODUCTION
1. This claim has been issued against the Defendant in connection with the Defendant’s refusal to pay a private parking charge which the Claimant alleges that the Defendant is liable to pay either as the driver of the vehicle or as the registered keeper. For the reasons set out in this Defence, it is denied that the Claimant is entitled to the sums claimed or any relief at all.
CLAIMANT’S NON-COMPLIANCE WITH THE CIVIL PROCEDURE RULES
2. By way of general comment, it should be noted that whilst the Defendant intends to respond to the issues raised by the Claimant in the Particulars of Claim, he cannot do so with complete accuracy because the Claimant has not pleaded its case in accordance with CPR 16.4(1)(a). There is not a concise statement of the facts which discloses a cause of action, rather the Claimant has merely provided a series of generalised statements such as being parked “in breach of terms” which in turn makes it difficult for the Defendant to respond as he does not know or understand the basis of the Claimant’s case. For example, the particulars allege that the Defendant:
2.1. entered into a contract with the Claimant but does not explain how or on what basis the contract was entered into;
2.2. was in breach of the contract but the particulars fail to specify which term or terms the Defendant has breached; and
2.3. is liable as the registered keeper of the vehicle yet the Claimant has failed to particularise the basis of that allegation.
3. The Defendant is surprised by the the haziness of the particulars given that the Claimant is represented professionally by a firm of solicitors and as such, the lack of compliance with the CPR to formulate proper particulars cannot be excused. The court is invited to consider its general case management powers pursuant to CPR 3.1 to:
3.1. make an order that unless the Defendant files and serves an amended Particulars of Claim compliant with CPR 16.4(1)(a) within 14 days of said order, then the claim shall be struck out and judgment entered in favour of the Defendant; or
3.2. if the court considers it appropriate, to strike out the claim entirely as on the basis that the claim discloses no reasonable grounds for a cause of action; and
3.3. exercise any other case management powers the court sees fit.
RELEVANT FACTS
3.4. [APPROPRIATE FACTS INSERTED]
APPLICABLE LAW

1. Section 56 together with Schedule 4 of The Protection of Freedoms Act 2012 (“POFA”) provides landowners with powers to manage parking on their land. Paragraph 4 of Schedule 4 of POFA stipulates that the liability for an unpaid parking charge may only be transferred from the driver to the registered keeper of the vehicle if certain conditions as prescribed in Schedule 4 are met.

LIABILITY AS THE DRIVER OF THE VEHICLE
5. It is denied that the Defendant was the driver of the vehicle. Despite the Defendant requesting proof from the Claimant of the allegation, the Claimant has so far failed to provide any supporting evidence. Accordingly, the Claimant’s allegation is entirely baseless and nothing more than a fishing expedition in which the Defendant considers to be an abuse of process.
6. Without prejudice to the foregoing paragraph, a letter was made by the Defendant asking the Claimant to provide evidence establishing that:
6.1. the Claimant has authority to manage and enforce the car park by way of issuing parking charge notices pursuant to condition 5(1)(a) of POFA 2012; and
6.2. the Defendant was the driver of the vehicle on the day that the Parking Charge was incurred.
7. Despite the request as referred to in paragraph 6, the Claimant has refused or otherwise failed to provide the necessary evidence or explanation to establish the Claimant’s authority to enforce the Parking Charge.
8. In the absence of the such evidence, it is the Defendant’s contention – and the court is invited to make an inference that – the Claimant has no lawful basis to pursue the Defendant as the driver of the vehicle.
9. If (which the Defendant denies), the Defendant is found to be liable for the Parking Charge, the Defendant will say that the Parking Charge is not enforceable on the basis that there was not adequate notice of the Parking Charge given to the Defendant pursuant to Paragraph 2(2) of Schedule 4 of POFA 2012. Paragraph 3(b) defines “adequate notice” as the display of one or more notices which:
9.1. specify the sum as the charge for unauthorised parking; and
9.2. are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land.
10. The signage at the car park was not sufficient to give the driver adequate notice of the parking charge because:
10.1. There was no visible signage at the entrance of the car park indicating that there would be a parking charge or that the car park was subject to certain parking conditions; [and]
10.2. in any event there was no notice to say that if there was a failure to comply, a parking charge would be issued.
11. The Claimant in correspondence may have suggested there is adequate signage available at the car park and relies on a sign that the Claimant says is clearly visible. The Defendant will say that:
11.1. The sign referred to by the Claimant is set high on a pole, facing away from the entrance and obscured by the large Tesco sign;
11.2. The signage is in very small font which is completely illegible to read from a vehicle or any reasonable distance for that matter.
Recovery of Claimant’s costs associated with the Parking Charge

1. The Defendant denies that the Claimant is entitled to claim the recovery of its costs in respect of the Parking Charge. As described above, there was no adequate signage giving fair and reasonable notice of the parking terms and it is trite law that one cannot incorporate terms and conditions after the fact, without giving reasonable notice beforehand.

13. Further and alternatively, if (which is denied) it is found that reasonable notice was given, the Defendant will say that the term was contrary to the requirement of good faith which causes a significant imbalance under the contract to the detriment of the Defendant. Consequently, the term is unfair and is not binding on the Defendant pursuant to section 62 of the Consumer Rights Act 2015. The Defendant will rely on the following points:
13.1. Section 68 of the CRA requires that every term of a consumer contract must be transparent and expressed in a plain and intelligible language. The Defendant contends that the term referring to the charges on the signage was neither transparent nor intelligible in that:
13.1.1. the font size of the term is extremely small making it illegible from a reasonable distance; the term ought to have been presented in a manner which was far more legible considering the amount of blank space available on the sign itself; and
13.1.2. the term refers to ‘charges’ but fails to explain what charges the Claimant is seeking to recover. Accordingly, the term described is vague and ambiguous contrary to the guidance published by the Competition and Markets Authority on unfair contract terms.
LIABILITY AS THE REGISTERED KEEPER
14. It is denied that the Claimant is entitled recover the Parking Charge from the Defendant as registered keeper of the vehicle. The Defendant repeats paragraphs five to nine (inclusive) of this Defence.
15. Further and alternatively, the Defendant contends that the Claimant has failed to comply with the mandatory conditions under POFA 2012 in order for the registered keeper to be held liable for the Parking Charge:
15.1. Contrary to condition 5(1)(a) of POFA 2012, the Claimant failed to provide evidence that it has the right to enforce against the driver of the vehicle the requirement to pay the Parking Charge. The Claimant has indicated that there is a written contract between the Claimant and the landowner but the Claimant has failed to supply:
15.1.1. a copy of the written contract setting out the Claimant’s authority to enforce and/or pursue the Parking Charge against the driver; and
15.1.2. what (if any) conditions may be attached as regards the recovery of the Parking Charge.
15.2. Contrary to condition 5(1)(b), the Claimant knew the identity of the driver prior to the commencement of these proceedings. In the particulars of claim, the Claimant represents that “the Defendant was the driver of the vehicle”. In light of that allegation, it is implied that the Claimant has actual knowledge of the driver’s identity and so the Defendant cannot be held liable for the Parking Charge as the registered keeper, and the Claimant must pursue the driver of the vehicle only. The Defendant will seek to rely on paragraph 221 of the POFA 2012 Explanatory Notes, which states that:
… The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity (emphasis added)
Recovery of Claimant’s costs associated with the Parking Charge
16. To the extent that the Claimant seeks to recover the costs incurred in pursuing the Parking Charge, the Defendant denies that such sums are recoverable for the following reasons:
16.1. The costs sought by the Claimant are based upon a contractual right under the terms of the parking contract. It is well established under the doctrine of privity that a person who is not party to the contract cannot sue or be sued. Any contractual relationship in respect of the parking and the alleged contravention was solely between the Claimant and the driver of the vehicle, not the registered keeper; and
16.2. paragraph 4(5) of POFA provides that the maximum amount which may be recovered from the registered keeper is the total amount of the unpaid parking charges specified in the notice to the registered keeper. The unpaid parking charges specified in the notice were £0.00 (zero) as it is a free parking area for Tesco customers.

1. It follows that any liability owed by the keeper to the Claimant is several to the driver’s liability and is limited to an amount that does not exceed the unpaid parking charges. The Claimant’s pursuit of these contractual costs is not recoverable and amounts to an abuse of process.

CONCLUSION
18. By reason of the Defendant’s non-compliance with the POFA requirements as set out in this Defence, the Claimant is not entitled to pursue the Defendant as either the registered keeper or the driver of the vehicle for the Parking Charge.
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.

[R0b]

It would be easier if you could upload the word document to mark up . Not sure if you are on a laptop or mobile but just above the message box there is a paperclip icon and if you click on that, just below the message you will see a button that says upload attachments. you can then upload your docs there (see photo below)