Author Topic: Defence Struck Out  (Read 61 times)

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Defence Struck Out
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Hi, 

I am a little lost in the process, I have defended a supermarket parking ticket twice before using the advise on here and been successful. However this time following the mediation meeting 04.03.26 I have received the letter linked below. 

Defence Struck Out

Claim Status


If you could let me know if you need more information and what I do from here, thank you.

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Re: Defence Struck Out
« Reply #1 on: »
To advise we'll obviously need to see your defence, and the particulars of claim to which you were responding.

Likewise any background to the case and any pre action correspondence (incl. Initial notices, any appeals etc.).

This might not be the case, but from the wording of that strike out order, it seems you may have copied and pasted someone else's defence rather than writing one that specifically responds to the claim.

Re: Defence Struck Out
« Reply #2 on: »
Hi thank you for your response.

My defence is linked below along with the original claim form. Sorry for some reason it won't let me edit the links on this reply. Please let me know if you need anything else from me. I really appreciate the help.

https://www.dropbox.com/scl/fi/jmmpfy8chbrppgcah81xp/Mcol-Defence.docx?rlkey=vhfgz2ewpqnkco8nwyt1o0386&st=6lhp53k7&dl=0


https://www.dropbox.com/scl/fi/ihtb4vba85yencaehmv4c/20260503_130614.jpg?rlkey=mzeuw50s7li8iqos3rt1gwulf&st=6ayq6a5b&dl=0

Re: Defence Struck Out
« Reply #3 on: »
We need the background to this, your story and the original Notice to Keeper, if you want help with the construction of a defence deemed more acceptable and appropriate to your circumstances.
Your problem seems to be that your original defence was copied from here, and may be applicable, but is vague and not specific to your circumstances.
It’s always the problem with “templates” which some people seem to demand. In your case it looks like you did some research first.

It is certainly true that the Particulars of Claim are woeful and do not meet the requirements of the pre-action protocols. But in this case the court has decided that this point is not sufficient for a defence.
« Last Edit: Today at 01:41:27 pm by jfollows »

Re: Defence Struck Out
« Reply #4 on: »
Hi,

Parked in Tesco Huddersfield 2024, I go every few weeks so no idea what was different about this time in particular. I did indeed copy my defence from here as I have used that before on previous tickets for parking in a supermarket that I am using.

This is the notice to keeper.

https://www.dropbox.com/scl/fi/jpopxwhe4nnzuzrjoitke/20260503_133123.jpg?rlkey=kf89fullr0wytot35612wt81x&st=tsb2qu4o&dl=0


Re: Defence Struck Out
« Reply #5 on: »
That appears to be a covering letter from the courts, not a Notice to Keeper.

Re: Defence Struck Out
« Reply #6 on: »
Hi,


I don't appear to have a Notice to Keeper. I just got the cover letter and N1SDT form. 05.22.25

Re: Defence Struck Out
« Reply #7 on: »
Your defence needs to be a story relating why the driver is not liable, in the face of claims that the driver read the terms clearly indicated by signs and accepted them and entered into a contract by parking.
Why is the contract invalid, or the driver not liable?
In the absence of a notice to keeper, you can request a copy but not necessarily in time to construct a defence around it. Look up Subject Access Request if you want to try. You won’t get a response within 9 days, by 12 May as required.

Re: Defence Struck Out
« Reply #8 on: »
Hi,

If I can't get this information in time, what are my options?

Re: Defence Struck Out
« Reply #9 on: »
Hi,

If I can't get this information in time, what are my options?
You need to write and submit a defence. If you want to, post it here before the deadline (4pm on 12 May) you may get input to improve it. It’s your defence and your story.

Remember that the claim will be against you as the registered keeper for actions committed by the driver originally. If the driver is not identified, they may be unable to transfer liability to you. But without the original NtK this will be a harder case to make.
« Last Edit: Today at 03:18:47 pm by jfollows »