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Hiya, rightly or wrongly after family advice i ignored a Smart Parking fine and they have now issued a court claim.
I am the registered keeper but was not the driver.
What advice can you offer to defend this please?
I am at the stage of submitting AOS
Many thanks in advance...
[ Guests cannot view attachments ] -
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Do you have the original PCN in particular and any other previous correspondence you can post?
https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
You need to redact/obscure/cover up some information in the post you have made. Claim number + password. -
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Redaction is done....i do not have the original as i was told to simply ignore i binned it and subsequent threats etc....
As i say rightly or wrongly followed family advice! -
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Not to worry. This will never see the light of a courtroom. No one pays a penny to (not so) Smart Parking if you follow the advice.
With an issue date of 23rd May, you have until 4pm on Wednesday 11th June to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Wednesday 25th 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 Smart Parking Ltd v [your full name] Claim no.: [claim number]."QuoteIN THE COUNTY COURTClaim No: [Claim Number]BETWEEN:
Smart Parking Ltd
Claimant
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[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 -
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Hi so i have followed advice here to the letter and have now had an N180 form arrive.
Says to fill in and serve to court and defendant.
Is this standard at this stage? -
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Hi so i have followed advice here to the letter and have now had an N180 form arrive.
Yes.
Says to fill in and serve to court and defendant.
Is this standard at this stage?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.pdf
Here 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. -
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The purpose is to get the case allocated to a court local to you, in person.
You will get a date plus an earlier date by which the court fee needs to be paid.
DCB Legal will discontinue rather than pay the fee and subsequently attend in person. -
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So its now on to court mediation.
What is general advice here, is it to just insist on my day in court and hope they drop it? -
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The current mediation advice isQuote
For the mediation call, the only requirement is for you "attend" the call. It is not part of the judicial process and no judge is involved.
Do not be drawn into discussing your defence, simply state that you stand by your submitted defence. If the mediator tries to, make a formal complaint about their behaviour.
This is what I advise you to say when you receive the call from the mediator:
“Before I set out my position, please confirm from the claimant’s side:
• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.
Please relay that back to me before we continue.”
After the mediator calls back...
If identified and authority confirmed:
“Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.”
If no/unclear authority:
“Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.”
If the mediator probes your defence:
”In what capacity are you asking that question? Are you legally trained? If not, please refrain from offering opinions. I will be reporting any attempt to do so as inappropriate.”
All you need to know is the name and the position of the person acting for the claimant and report that back to us. It will be over within minutes. Complete waste of time otherwise. -
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Ok so had mediation.....the claimant was authorised to negotiate..........made a high offer and i countered with zero.
The mediator said we will call a halt to this now and it will now go to be listed but may take 12 months or so to get to court. -
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Quote
All you need to know is the name and the position of the person acting for the claimant and report that back to us.
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