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County court letter for a parking fine - 18 minutes!

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  • #16
    You have to defend the case as presented in court.
    The Claimant's case is as presented in the Particulars of Claim.
    Those Particulars are defective, so I would take advantage of it and make a defence along the lines suggested in post 6.

    The Court will probably give the Claimant the opportunity to correct matters, or you could yourself make a request for the information (a part 18 request)

    Of course if you wish you can use the paragraph you suggest, but you would then need to delete the paragraph about the location not being identifiable.
    Also your paragraph does not take advantage of the wording "no waiting" painted on the road as explained in post 4

    It is completely up to you how you deal with this claim.
    I can only say how I would approach the matter

    Comment


    • #17
      Hi Des,

      Filled it out this weekend, just to confirm before we do send, we have only put the defence that the location isn't a known car park and is unclear. Is it better to keep it a bit vague? The trespassing issue- is this the ace up our sleeve? I take it we don't mention that on the letter to the court just yet?

      We also found this thread and we were wondering if any of this would also be relevant to us, they're talking about byelaws and the ParkingEye Ltd v Beavis [2015] UKSC 67 case. CEL cancelled the claim apparently.

      Thanks again for your help, much appreciated!!

      Comment


      • #18
        Can you post up exactly what you have put in your defence?

        Not sure what you mean by "the location isn't a known car park and is unclear."?
        Your defence is that the location is not identified sufficiently for you to know where the alleged incident occurred.

        As you haven't yet submitted your defence I would suggest you add in after para 6 the following (sorry I forgot them earlier!)

        7.The Defendant respectfully requests the court orders the Claimant provide the necessary information and any supporting documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

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

        Regarding the Beavis case you have not included the link.
        However the Beavis case has no bearing here as the circumstances were totally different.

        Comment

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