Free Traffic Legal Advice

I don't know who you're referring to as you've redacted their name, but for the love of god don't phone anyone. There's nothing to be gained from it, and you have no record of anything discussed. Any correspondence should be done in writing, and no correspondence should be entered into with anyone other than the parking company, or their solicitors if they progress legal action.

GCTT.

You can take your tin-foil hat off. Nobody from a useless firm of powerless debt collectors can do anything. They and their other trading name ZZPS are not a party to any contract allegedly breached by the driver. You have already been told to ignore all debt collectors, so why are you engaging with them? IGNORE them!

Never, ever, ever, EVER communicate with a useless, powerless Debt Recovery Agent (DRA). Block their number and mark their emails as spam.

Even if the intellectually malnourished people at ZZPS/GCTT were scanning the internet on the lookout for your posts (they're not), what on earth do you think they can find out or do with any information they may find?

You've been watching too much TV imagining that these bottom-dwelling firms have resources to scour the internet for tidbits about your alleged debt...

I seriously doubt that this will ever get as far as a hearing. Where have you posted the N1SDT Claim Form? Show it to us and only redact your personal details, the claim number and the MCOL password. Leave EVERYTHING ELSE visible, especially all dates, including the issue date of the claim.

Oops, posts crossed. I am prepared to take on bets for £100 that this will never get as far as a hearing in court and will either be struck out or discontinued in due course. Any takers?

With an issue date of 21st May, you have until 4pm on Monday 9th June to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 23rd June 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 UK Parking Control Ltd v [your full name] Claim no.: [claim number]."

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

UK Parking Control 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

Nothing. You have a choice, that's it. If you need longer than the initial date, then submit an AoS and get an extra 2 weeks to put your defence together, if you want to do it yourself.

OK I see (I think!)  - not been in this position before.

The AoS process looks a bit complicated, is the defence bit a matter of logging onto MCOL and putting in the code and submitting that defence? Where does the draft order come in

Read the reply Reply #21 from b789 more slowly, it answers your questions here.

With DCB Legal, a defended claim is almost always discontinued.

The potential risk with filing a counterclaim is that it might increase the likelihood of them not discontinuing. Equally, they may offer a discontinuation on the condition you likewise discontinue the counterclaim, but that would essentially leave you in the same position as if you hadn't bothered.

I presume no mention at this point about having a valid badge and entitlement to park in the disabled space.

Just do as advised for the defence. If you try to alter anything, you will probably end up proverbially shooting yourself in the foot.