0 Members and 4 Guests are viewing this topic.
That seems along the lines of what I was thinking about, yes.I don’t understand your second question. Other than that you should use MCOL to enter your defence.
DEFENCE1. The Defendant denies any liability for this claim.2. The Claimant has failed to comply with the strict requirementsof Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012),specifically:(a) The Creditor failed to provide the Hirer with a 'Notice toHirer' within the relevant statutory period in accordance withParagraph 14(2)(a);(b) The 'Notice to Hirer' was not accompanied by the mandatorydocuments required under Paragraph 14(2)(b), namely:(i) A statement signed by or on behalf of the vehicle-hire firmconfirming that the vehicle was hired to a named person under ahire agreement;(ii) A copy of the relevant hire agreement; and(iii) A copy of the statement of liability signed by the hirerunder that hire agreement.Consequently, the Claimant has failed to satisfy the strictstatutory conditions required to transfer liability from theregistered keeper to the hirer.In the absence of POFA 2012 compliance, the Claimant has no lawfulright to pursue the Defendant in their capacity as the hirer.Therefore, the Defendant, as hirer, cannot be held liable for thischarge when the identity of the driver at the material time hasnot been established, and the Defendant is under no legalobligation to identify the driver.3. There is a lack of precise detail in the Particulars of Claim(PoC) in respect of the factual and legal allegations made againstthe Defendant such that the PoC do not comply with CPR 16.4.4. The Defendant is unable to plead properly to the PoC because:(a) The contract referred to is not detailed or attached to thePoC in accordance with CPR PD 16(7.3)(b) The PoC do not state the exact wording of the clause (orclauses) of the terms and conditions of the contract (orcontracts) which is/are relied on;(c) The PoC do not state with sufficient particularity theexacttime when the breaches occurred and how long it is alleged thatthe vehicle was parked before the parking charges were allegedlyincurred;(d) The PoC do not state exactly how the claim for statutoryinterest is calculated;(e) The PoC do not state what proportion of the claim are theparking charges and what proportion is damages;(f) The PoC states that the Claimant is suing the defendant asthedriver or the keeper. The claimant obviously knows whether thedefendant is being sued as the driver or the keeper and should notbe permitted to plead alternative causes of actionStatement of truthI believe that the facts stated in this Defence are true. Iunderstand that proceedings for contempt of court may be broughtagainst anyone who makes, or causes to be made, a false statementin a document verified by a statement of truth without an honestbelief in its truth.
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdfHere are the answers to some of the less obvious questions:• The name of the court is "Civil National Business Centre".• To be completed by "Your full name" and you are the "Defendant".• C1: "YES"• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option• F3: "1".• Sign the form by simply typing your full name for the signature.When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
For form N180 when filling it - I should tick Page 1 - DefendantPage 2 - B - Contact Details Page 3 - Contact Details C - C1 - Yes as claim is under 10k D - D1 - NO???Page 4 - E1 - Mediation appointment? should i put my details in? E2 - Is mediation done over the phone and is this a quick phone call? E3- NoPage 5 - E4 - NoPage 6 - F1 - Respondents home court - should I specify which one? F2 - No F3 - 1Page 7 - F4 - I list the dates when I`m not available to attend the hearing. F5 - No F6 - NoPage 8 - G1 - Yes G2 - English G3 - English
Search the forum for N180 and you’ll find advice on its completion, such as:QuoteHaving received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdfHere are the answers to some of the less obvious questions:• The name of the court is "Civil National Business Centre".• To be completed by "Your full name" and you are the "Defendant".• C1: "YES"• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option• F3: "1".• Sign the form by simply typing your full name for the signature.When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
