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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 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. Further, the Claimant has breached the Pre-Action Protocol for Debt Claims by failing to send a Letter of Claim (LoC) before commencing proceedings. This failure only exacerbates the already woefully inadequate Particulars of Claim (PoC), as outlined in the rest of this defence. The court is invited to strike out the claim due to the Claimant's unreasonable conduct and non-compliance with the PAP.

4. 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 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:

• C1 - Do you agree that the small claims track is the appropriate track for this case? - Yes
• D1 - Do you consider that this claim is suitable for determination without a hearing? - No - see quote box below for some blurb from b789 you can include in the reasons box
• F1 - At which County Court hearing centre would you prefer the small claims hearing to take place and why? - You can pick whichever court you wish with reasons; for obvious reasons most people choose the one closest to their home address

"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."