You have until Monday 3rd March to submit your defence. However, thank you for reminding us that we haven't yet provided it.
Here is the defence and link to the draft order and relevant transcripts that go with it. You only need to edit the claimant's name (as it appears on the claim form), your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.
When you're ready you send both the documents as a single PDF attachment (in the order of 'defence', 'draft order') in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of ParkMaven Ltd v [your full name] Claim no.: [claim number]."
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
ParkMaven Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
DEFENCE
1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.
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 adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)
(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;
(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;
(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.
4. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:
(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;
(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;
(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).
(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather
than permitting an amendment.
5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4.
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/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0)
In answer to your questions:
1. Why have you only left it until now to try and get 'Your Parking Space' involved? I seriously doubt they will be much use as ParkMaven have instructed DCB Legal to start litigation. You can still try and find out what went wrong with their system but, to behest, it is not going to make much difference in this case as DCB Legal will discontinue in due course.
2. No, HMCTS (Her Majesty’s Courts and Tribunals Service) does not routinely send legal documents via email unless expressly permitted by the court. Court documents, including claim forms, directions, and judgments, are typically served by post to the address provided in the court proceedings.
However, you may request email correspondence by writing to the court, but this is at the court’s discretion. The best approach is:
(a) Contact the Court – You should email or write to the court handling your case, requesting that all correspondence be sent via email while you are abroad. You should provide a valid reason (e.g., temporary absence from the UK) and specify a preferred email address.
(b) Appoint a Representative – If you have someone in the UK who can receive mail on your behalf, you may wish to appoint them as a representative to monitor your correspondence and update you on any deadlines.
(c) Check the Online Court System (MCOL) – As the case will be in the small claims track, you can check the Money Claim Online (MCOL) where updates might be available.
(d) Request an Extension if Necessary – If you expect to be unable to respond to deadlines while abroad, you may apply for an extension under CPR 3.1(2)(a) for case management purposes.
(e) Inform HMCTS of a Temporary Address (if applicable) – If you will have a reliable overseas address, you may inform the court, though this is not always ideal due to international postal delays.
Option (b) is probably the best if it can be arranged.
3. Don't bother responding to a two year old email from DCB Legal. They will receive a copy of your defence from the CNBC and will respond stating that they have received it and intend to continue. If you do want to make sure you only receive email correspondence from DCB Legal, the email them at info.dcblegal.co.uk and give them your email contact and the claim number. Don't give them your phone number as they will be a nuisance as the claim hearing date nears and they want to settle. (don't settle. They will discontinue).
I will come back with a suitable defence over the next few days. The one we have been using has now been amended and I just need to clarify a few details with the judge who is advising me.