I hope you followed all the advice on submitting your AoS as per this document:
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0Before you try to dig a hole and tell your story in your defence, consider the following points:
Check the date that the Particulars of Claim (PoC) say the PCN was issued. Note that a PCN cannot be issued on the same day of the alleged breach of contract. ECP would have to make a request to the DVLA to get the Keepers details which cannot happen on the same day.
So... is the date they say the PCN was issued the date of the alleged breach or is it the date they actually issued the Notice to Keeper (NtK)?
That is the first breach of the Civil Procedure Rules (CPR 16.4) in their PoC.
They refer to a "contract" that has been breached. Is the contract they refer to, detailed or attached as required under CPR PD 16(7.5)?
Second breach of the CPRs.
Do the PoC state the exact wording of the clause (or clauses) of the terms and conditions of the contract which is relied on?
Do the PoC 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?
Do the PoC state exactly how the claim for statutory interest is calculated?
Do the PoC state what proportion of the claim is the parking charge and what proportion is damages?
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.
So, think about this... if you know nothing at all about the PCN before the claim arrived, would you be able to plead a defence based on the information provided in the PoC? I doubt it and therefore, the PoC are woefully inadequate and breach CPR 16.4.
The following is the suggested defence you should submit together with a draft order. You only need edit your name, the claim number and then sign the defence by typing your full name for the signature and dating it. There is nothing to edit in the draft order.
Both documents should be saved in PDF format and attached to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be included in the email subject field and you put the following in the body of the email: "Please find attached the defence and accompanying draft order in the matter of Euro Car Parks Ltd v [your full name] Claim No.: [claim number]".
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;
(c) The PoC do not clearly 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 defence