Here is the defence you should submit together with a link to the draft order that needs to go with it. You only need to edit your name, the claim number and to sign it by typing your full name for the signature and dating it. There is nothing to edit in the draft order:
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
Euro Car Parks Ltd
Claimant
- and -
[Defendant's Full 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 (or contracts) which is/are relied on;
(c) The PoC do not state with sufficient particularity exactly where the breach/breaches occurred, the exact time when the breach/breaches occurred and how long it is alleged that the vehicle was parked before the parking charges were allegedly incurred;
(d) The PoC do not state exactly how the claim for statutory interest is calculated;
(e) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(f) 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.
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 he/she/it faces 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:
Date:
Draft Order for the defence (https://www.dropbox.com/scl/fi/gmpkg6f843yga1sw1iwdo/short-defence-order.docx?rlkey=ppd7dwlale9j25111548n2e1j&st=cew2dps7&dl=0)
Both documents should be sent as PDF attachments to an email addressed to claimresponses.cnbc@justice.gov.uk and also CC in yourself. The email subject must contain the claim number and in the body of the email put: "Please find attached the defence and draft order in the matter of Euro Car Parks Ltd v [your full name] Claim number [claim number]".
Don't send this before Friday. As it is for more than one or two PCNs, I am seeking clarification on some wording from a District Judge, so it may beed editing before sending. I will confirm.
Selecting the option to contest jurisdiction by mistake shouldn’t pose a major problem, but it may cause a small procedural complication. When you select this option, the court will expect you to file an application challenging the court's jurisdiction within 14 days of acknowledging service, and this requires a fee. Failing to file an application could lead to complications. These are your options:
• MCOL’s helpdesk may offer advice on any required steps to correct this mistake or call the CNBC and clarify your intent. You need to explain that this was an error and that you intend to defend the claim rather than contest jurisdiction.
• Instead of submitting an application contesting jurisdiction, just submit your defence as normal within 14 days of the AoS. This should override the mistake if the court sees that you’re defending rather than challenging jurisdiction.
• The court may issue further directions based on the jurisdiction option you selected. If so, you can clarify your intent to defend, not challenge jurisdiction.