Free Traffic Legal Advice

Hi guys,

I'm looking for some assistance, i'm at the court claim stage, i've submitted the AOS on September 12th - issue date was 5th september 24

Overview

- didn't receive any pcn in the post from december 2021 until May 2024 (no longer lived at address but have had 3 different addresses since, wife didn't change her v5 doc until a permanent address   )

- not sure/can't remember who was driving as it was around christmas and shopping seperately we shared the car/both insured (dec 18th) - the anpr pics don't give enough away
 
- time stamps suggest the driver was there for 15 mins (I'm doubting if any grace period applies)

 
*Ignore if irrelevant* Can part of a defence be formed from any gdpr irregularities? DCB legal provided me all data after an SAR whereas eurocarparks wanted my full passport/driving ID to release it (i'd already sent them my v5 document that i would regard as "reasonable" enough to confirm ID in this instance as they have no way of referencing the passport photograph and the information they can gather is the same as the v5.



I've attached a link with my claim form and various signage pictures, if you notice anything to add regarding the signs that would help greatly; to me it seems that the terms and conditions are "vague" and not consistent throughout all the signs that suggest anything to do with "terms and conditions" as well as being less visible or prominent as the rest of the wording at least on the tariff sign.

I'm sort of stuck regarding a defence other than the template but if that's enough then i trust it will be - any of your knowledge is greatly appreciated,

thank you

https://imgur.com/a/8eiSsmo

Here is the short defence. You only need to edit the claimant name, yiur name, the claim number and the sign it bynthping your full name for the signature and date it. The draft order does not need any editing:

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

[Claimant's Full Name]

Claimant

- and -

[Defendant's Full Name]

Defendant

---

DEFENCE

1. The Defendant denies any liability for this claim. The Defendant is unable to recall whether they were the driver on an unremarkable day almost three years ago. The defendant is the registered keeper.


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 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 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.

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:

Here is a link to the Draft Order:

Draft Order for the defence

The two PDF documents should be attached to an email addressed to claimresponses.cnbc@justice.gov.uk and also CCd to yourself. The email subject must contain the claim number and in the body of the email just state that attached is the defence and draft order in the matter of [claimant name] v [defendants name] Claim number [claim number].

When sent, you should receive an auto response from the CNBC.