Free Traffic Legal Advice

Hi all,

I have received an issued claim form from DCB Legal. It has pretty poor Particulars of Claim which I am almost certain do not comply with CPR 16.4(1).

1. The Defendant is indebted to the Claimant for Parking Charges issued to vehicle XXXXX at XXXX.
2. The date of contravention is XXX and the D was issued with PCs by the D.
3. The D is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Park for longer than permitted.
4. In the alternative the D is pursued as the keeper pursuant to POFA 2012, Schedule 4.
AND THE CLAIMANT CLAIMS
1. £170 being the total of the PCs and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the CCA 1984 from the date hereof at a daily rate of £.02 until judgment or sooner payment.
3. Costs and court fees.

I was not the driver at the time. Their PoC do not provide enough detail. I have filed my AOS and now have some time to file my Defence. Could anyone help me with a Defence to file and I think a strike out order as their PoC is deficient.

TIA

Show us the N1SDT Claim Form that has the Particulars of Claim (PoC) on them. Redact your personal info and the claim number and MCOL password but leave ALL dates showing, including the issue date of the claim.

READ THIS FIRST - Private Parking Charges Forum guide

If you've already submitted the AoS and it was done within 19 days of the issue date of the claim, you therefore have 33 days (plus any weekend or bank holiday days if the 33rd day is on one of those) to submit your defence.

Here is the defence and link to the draft order that goes with it. You need to edit the claimants name, 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 [claimant] v [your full name] Claim no.: [claim number]."

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

[Claimant]
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

Show us the N1SDT Claim Form that has the Particulars of Claim (PoC) on them. Redact your personal info and the claim number and MCOL password but leave ALL dates showing, including the issue date of the claim.

READ THIS FIRST - Private Parking Charges Forum guide

If you've already submitted the AoS and it was done within 19 days of the issue date of the claim, you therefore have 33 days (plus any weekend or bank holiday days if the 33rd day is on one of those) to submit your defence.

Here is the defence and link to the draft order that goes with it. You need to edit the claimants name, 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 [claimant] v [your full name] Claim no.: [claim number]."

Quote

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

[Claimant]
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

Claim form attached

[ Guests cannot view attachments ]

apologies, posted a reply by accident

I assume the Court will serve a copy on the Claimant?

Yes

Hi, now been listed for a hearing and ordered to file a witness statement. Any advice? Will the hearing actually go ahead?

Please show us the letter of allocation with the associated dates.

For some reason I can’t upload the documents?

Guide: Posting Images

So the case will be discontinued on or before 16 January.

In the unlikely event that the fee is paid and DCB Legal submits a Witness Statement, then you will have to do the same (submit a Witness Statement, that is), but it’s 99% certain that they will discontinue.

A defendant submitting a WS slightly late is generally tolerated, should it come to that. But I bet it won’t.