With a claim issue date of 29th October, you had until 17th November to file your AoS. Having submitted your AoS, you now have until 4pm on Monday 2nd December to file your defence.
As the Particulars of Claim (PoC) are woefully inadequate because they fail to comply with CPR 16.4, here is the suggested defence and draft order that will go with it:
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
Euro Car Parks Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
DEFENCE
1. The Defendant denies any liability for this claim.
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. Simply stating "Registered users only" is vague and inadequate. Simply stating "No valid pay and display permit was purchased" is vague and inadequate considering that this clam is the only information received by the defendant;
(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:
Draft Order for the defenceYou only need to edit in the defence your name, the claim number and sign the defence by typing your full name for the signature and dating it. There is nothing to edit in the draft order.
When you have done that, you attach both files in PDF format to an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure you include the claim number in the subject field of the email and in the body just put "Please find attached the defence and a draft order in the matter of UK Parking Control Ltd v [your full name] Claim No.: [claim number]"
After you have emailed it, you must get an auto-response from the CNBC.
