Free Traffic Legal Advice

Hopefully because that is what I have done, I will see what they say 👍

With an issue date of 19th February, you have until 4pm on Monday 10th March to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 24th March to submit your defence.

If you want to submit an AoS then follow the instructions in this linked PDF:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Otherwise, here is the defence and link to the draft order that goes with it. You only need to edit 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 combine both documents as a single PDF attachment and send as an attachment 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 G24 Ltd v [your full name] Claim no.: [claim number]."

Quote

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

G24 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

I did as you have said and have received the following email back today, can you advise?

"Good morning,

We are returning your application to you.

You have only provided copies of a draft order. Please note the order you are seeking cannot be granted and sealed by a court officer and is required to go to a Deputy District Judge or court appointed Legal Advisor. Please provide a completed N244 application notice, ensuring you provide your reasons for the order request.

Also, your application has been returned as it cannot be processed without either a valid EX160 help with fees application or the application fee, please refer to the EX50 guide for the fee amount - https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50/civil-court-fees-ex50. Please ensure this is made payable to HMCTS if made by cheque.

Alternatively, if you wish to pay by credit or debit card, you can contact our helpdesk on the number below. Our card line is open during the hours of 09:00 – 15:30 Monday to Thursday and 09:00 – 15:00 on Friday.


If you require any further information, please email us or contact our helpdesk on the number below.


I Bordei

Applications & Orders

Civil National Business Centre | HMCTS

St Katharine’s House

21 – 27 St Katharine’s Street
Northampton"

Hello,

I received a parking notice a few months back, I ignored letters based off a family members advice but have today come home to this letter from HM courts & Tribunal service (see attached), I am just wondering if anyone has any advice on how to possibly defend against this?

Many thanks 🙏

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