Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Recriminator on October 18, 2024, 06:29:53 pm
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Just noticed the defence doc asserts (point 3g) there is ambiguity on whether the keeper or the driver is held responsible but the PoC clearly states that ECP believes it is the driver. Should I amend the defence doc to reflect this, or make any other changes while there is time to do so?
If you have another look at the PoC and note that #4 states: "In the alternative, the defendant is pursued as the keeper..."
So, no amendment to the Defence.
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Hi there
This is great news. Thought for sure that the deadline was missed and I was in deep trouble here. Also did not realise that there are an additional five days grace since the MCOL issue-date to submit the defence. Probably a good thing that I did not know this.
To clarify, the AoS was submitted at lunchtime on 03/10/24 and MCOL shows it was 'received' at 16:05 on the same day. There are no further messages on the claim history and I cannot see any default CCJ was issued. Does this mean the timescales for defending this Money Claim are OK?
See below for the defence template that was submitted on 18/10/24 (from another recent FTLA Euro Car Parks thread) with personal details updated.
And this is the link to the Short Defence Order also sent with the defence document.
https://www.dropbox.com/scl/fi/yjj8nwoc6sknmc9uawecf/short-defence-order-copy-3.pdf?rlkey=y3xyz2s8vumu0k3webocx9sza&e=2&st=66sobk5r&dl=0
Just noticed the defence doc asserts (point 3g) there is ambiguity on whether the keeper or the driver is held responsible but the PoC clearly states that ECP believes it is the driver. Should I amend the defence doc to reflect this, or make any other changes while there is time to do so?
Many thanks for your help. You guys are doing such amazing work.
//DEFENCE DOCUMENT
IN THE COUNTY COURT
Claim No: [CLAIM NO]
BETWEEN:
Euro Car Parks Limited
Claimant
- and -
[DEFENDANT NAME]
Defendant
DEFENCE
1. The Defendant denies any liability for this claim.
2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.
3. The Defendant is unable to plead properly to the PoC because:
(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16.7.5;
(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract which is relied on;
(c) The PoC do not clearly set out the reason why or how the claimant asserts that the defendant has breached the contract;
(d) The PoC do not state with sufficient particularity (i) exactly where the breach occurred, (ii) the exact time when the breach occurred and (iii) how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;
(e) The PoC do not state exactly how the claim for statutory interest is calculated;
(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(g) The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action;
(h) In the Notice to Keeper (NtK) received after the claim was issued, the Claimant has failed to fully comply with all the requirements of the Protection of Freedoms Act 2012 (PoFA). Specifically, the Claimant failed to include the required "invitation", or any synonym of the word, for the Keeper to pay the charge as mandated by PoFA paragraph 9(2)(e)(i) and therefore, there can be no Keeper liability.
4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which they face and can then respond properly to 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.
Signed:
[DEFENDANT NAME]
Date:
[DATE]
//ENDS ALL
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THr timescales are 5 days for service from the issue date then 14 days to submit an AoS or defence. If an AoS is submitted then there are 28 days from the date of service. So, 33 days from the issue date of the claim.
On what date did you submit the AoS? It had a deadline of Wednesday 9th October. However, if it was later and DCB Legal hadn't requested an automatic default CCJ, it will still count.
Having submitted the AoS, you then have until 4pm on Wednesday 23rd October. So you have a bit more time than you think.
Check your MCOL history for updates on what has been received. Hopefully, you don't have a default CCJ.
If everything is OK and the defence is accepted, just wait for your N180DQ. This will end in either a strike out or a discontinuation early next year.
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The driver overstayed the paid-for parking session at Aytoun Street Euro Car Park (which relies on ANPR ticket machines) by around 20mins on 27.07.21. After physically removing this vehicle from the car park to leave, the driver realised this mistake and re-entered the car park on foot to pay for another session. There seemed little purpose to a POPLA appeal and now Money Claim has been issued dated 20.09.24 via DCB Legal. The driver completed an AoS but has just realised that today is the 28th day since the original issue-date of the Money Claim.
UPDATE:
I have just found the FTLA instructions for supplying a template defence and the short defence order. I have now submitted these documents by email to: claimresponses.cnbc@justice.gov.uk and I have received the auto-response.
However, I only sent this email at 21:38 which means it has missed the 1600 deadline and presumably will be recognised as submitted on the next day, which I think is after the 28-day deadline.
Assuming this is the situation, does this mean I have automatically lost and must pay the entire £299.88 fee?
Many thanks
MONEY CLAIM PoC
https://imgur.com/a/QGDGwwU