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#Post#: 117623--------------------------------------------------
Defence Struck Out
DIR By: cinders
Date: May 3, 2026, 4:57 am
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Hi,
I am a little lost in the process, I have defended a supermarket
parking ticket twice before using the advise on here and been
successful. However this time following the mediation meeting
04.03.26 I have received the letter linked below.
Defence Struck Out
HTML https://www.dropbox.com/scl/fi/9oy1p481s6bqspeyj3iub/20260503_093639.jpg?rlkey=na7qdpk9uh3yd0jcded3m3xhb&st=a61t3w1e&dl=0
Claim Status
HTML https://www.dropbox.com/scl/fi/bndv2ykukyg89vuisku47/Screenshot-2026-05-03-at-10.55.16.png?rlkey=um73cf4fpfkqn4suw0hgp28f7&st=9wlt9nw6&dl=0
If you could let me know if you need more information and what I
do from here, thank you.
#Post#: 117632--------------------------------------------------
Re: Defence Struck Out
DIR By: DWMB2
Date: May 3, 2026, 6:40 am
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To advise we'll obviously need to see your defence, and the
particulars of claim to which you were responding.
Likewise any background to the case and any pre action
correspondence (incl. Initial notices, any appeals etc.).
This might not be the case, but from the wording of that strike
out order, it seems you may have copied and pasted someone
else's defence rather than writing one that specifically
responds to the claim.
#Post#: 117633--------------------------------------------------
Re: Defence Struck Out
DIR By: cinders
Date: May 3, 2026, 7:13 am
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Hi thank you for your response.
My defence is linked below along with the original claim form.
Sorry for some reason it won't let me edit the links on this
reply. Please let me know if you need anything else from me. I
really appreciate the help.
HTML https://www.dropbox.com/scl/fi/jmmpfy8chbrppgcah81xp/Mcol-Defence.docx?rlkey=vhfgz2ewpqnkco8nwyt1o0386&st=6lhp53k7&dl=0
HTML https://www.dropbox.com/scl/fi/jmmpfy8chbrppgcah81xp/Mcol-Defence.docx?rlkey=vhfgz2ewpqnkco8nwyt1o0386&st=6lhp53k7&dl=0
HTML https://www.dropbox.com/scl/fi/ihtb4vba85yencaehmv4c/20260503_130614.jpg?rlkey=mzeuw50s7li8iqos3rt1gwulf&st=6ayq6a5b&dl=0
HTML https://www.dropbox.com/scl/fi/ihtb4vba85yencaehmv4c/20260503_130614.jpg?rlkey=mzeuw50s7li8iqos3rt1gwulf&st=6ayq6a5b&dl=0
#Post#: 117634--------------------------------------------------
Re: Defence Struck Out
DIR By: jfollows
Date: May 3, 2026, 7:25 am
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We need the background to this, your story and the original
Notice to Keeper, if you want help with the construction of a
defence deemed more acceptable and appropriate to your
circumstances.
Your problem seems to be that your original defence was copied
from here, and may be applicable, but is vague and not specific
to your circumstances.
It’s always the problem with “templates” which some people seem
to demand. In your case it looks like you did some research
first.
It is certainly true that the Particulars of Claim are woeful
and do not meet the requirements of the pre-action protocols.
But in this case the court has decided that this point is not
sufficient for a defence.
#Post#: 117636--------------------------------------------------
Re: Defence Struck Out
DIR By: cinders
Date: May 3, 2026, 7:39 am
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Hi,
Parked in Tesco Huddersfield 2024, I go every few weeks so no
idea what was different about this time in particular. I did
indeed copy my defence from here as I have used that before on
previous tickets for parking in a supermarket that I am using.
This is the notice to keeper.
HTML https://www.dropbox.com/scl/fi/jpopxwhe4nnzuzrjoitke/20260503_133123.jpg?rlkey=kf89fullr0wytot35612wt81x&st=tsb2qu4o&dl=0
HTML https://www.dropbox.com/scl/fi/jpopxwhe4nnzuzrjoitke/20260503_133123.jpg?rlkey=kf89fullr0wytot35612wt81x&st=tsb2qu4o&dl=0
#Post#: 117637--------------------------------------------------
Re: Defence Struck Out
DIR By: jfollows
Date: May 3, 2026, 7:42 am
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That appears to be a covering letter from the courts, not a
Notice to Keeper.
#Post#: 117638--------------------------------------------------
Re: Defence Struck Out
DIR By: cinders
Date: May 3, 2026, 8:00 am
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Hi,
I don't appear to have a Notice to Keeper. I just got the cover
letter and N1SDT form. 05.22.25
#Post#: 117641--------------------------------------------------
Re: Defence Struck Out
DIR By: jfollows
Date: May 3, 2026, 8:34 am
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Your defence needs to be a story relating why the driver is not
liable, in the face of claims that the driver read the terms
clearly indicated by signs and accepted them and entered into a
contract by parking.
Why is the contract invalid, or the driver not liable?
In the absence of a notice to keeper, you can request a copy but
not necessarily in time to construct a defence around it. Look
up Subject Access Request if you want to try. You won’t get a
response within 9 days, by 12 May as required.
#Post#: 117642--------------------------------------------------
Re: Defence Struck Out
DIR By: cinders
Date: May 3, 2026, 9:05 am
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Hi,
If I can't get this information in time, what are my options?
#Post#: 117643--------------------------------------------------
Re: Defence Struck Out
DIR By: jfollows
Date: May 3, 2026, 9:08 am
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--- Quote from: cinders link ---
>
> Hi,
>
> If I can't get this information in time, what are my options?
>
--- End Quote ---
You need to write and submit a defence. If you want to, post it
here before the deadline (4pm on 12 May) you may get input to
improve it. It’s your defence and your story.
Remember that the claim will be against you as the registered
keeper for actions committed by the driver originally. If the
driver is not identified, they may be unable to transfer
liability to you. But without the original NtK this will be a
harder case to make.
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