DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 74176--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: Endorfin
Date: June 1, 2025, 12:38 pm
---------------------------------------------------------
It should be showing now, I accidentally sent it before
completing it earlier
#Post#: 74177--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: b789
Date: June 1, 2025, 12:40 pm
---------------------------------------------------------
Oops, posts crossed. I am prepared to take on bets for £100 that
this will never get as far as a hearing in court and will either
be struck out or discontinued in due course. Any takers?
With an issue date of 21st May, you have until 4pm on Monday 9th
June to submit your defence. If you submit an Acknowledgement of
Service (AoS) before then, you would then have until 4pm on
Monday 23rd June to submit your defence.
If you want to submit an AoS then follow the instructions in
this linked PDF:
HTML 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 UK Parking Control Ltd v [your full name]
Claim no.: [claim number]."
--- Quote ---
>
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> UK Parking Control Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 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:
>
> [indent](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.[/indent]
>
> 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:
>
> [indent](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.[/indent]
>
> 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:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0
#Post#: 74180--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: Endorfin
Date: June 1, 2025, 12:51 pm
---------------------------------------------------------
Thanks for that.
What's the difference in submitting a defence now or doing an
acknowledgement of service. I'm not clear on that.
#Post#: 74181--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: b789
Date: June 1, 2025, 12:53 pm
---------------------------------------------------------
Nothing. You have a choice, that's it. If you need longer than
the initial date, then submit an AoS and get an extra 2 weeks to
put your defence together, if you want to do it yourself.
#Post#: 74184--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: Endorfin
Date: June 1, 2025, 1:05 pm
---------------------------------------------------------
OK I see (I think!) - not been in this position before.
The AoS process looks a bit complicated, is the defence bit a
matter of logging onto MCOL and putting in the code and
submitting that defence? Where does the draft order come in?
I see on the form that there's an option for a counterclaim, not
that I'm bothered about seeking any financial gain but looking
at the fees and with my disability it appears that I would be
able to get exemption of the fees. Anything that costs the
parking company money can only be a good thing? Other than the
stress and worry about this I don't think I have any costs
though.
#Post#: 74185--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: jfollows
Date: June 1, 2025, 1:09 pm
---------------------------------------------------------
--- Quote from: Endorfin link ---
>
> OK I see (I think!) - not been in this position before.
>
> The AoS process looks a bit complicated, is the defence bit a
matter of logging onto MCOL and putting in the code and
submitting that defence? Where does the draft order come in
>
--- End Quote ---
Read the reply Reply #21 from b789 more slowly, it answers your
questions here.
#Post#: 74189--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: Endorfin
Date: June 1, 2025, 1:24 pm
---------------------------------------------------------
Indeed I did read it too quickly! It's been a long day today,
completely unrelated to this.
Completely missed the email bit.
I shall do that, unless anyone thinks there's any merit in
submitting a counterclaim.
#Post#: 74191--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: DWMB2
Date: June 1, 2025, 1:37 pm
---------------------------------------------------------
With DCB Legal, a defended claim is almost always discontinued.
The potential risk with filing a counterclaim is that it might
increase the likelihood of them not discontinuing. Equally, they
may offer a discontinuation on the condition you likewise
discontinue the counterclaim, but that would essentially leave
you in the same position as if you hadn't bothered.
#Post#: 74198--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: Endorfin
Date: June 1, 2025, 2:19 pm
---------------------------------------------------------
OK thanks.
I'll submit the defence this evening.
I presume no mention at this point about having a valid badge
and entitlement to park in the disabled space.
#Post#: 74199--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: b789
Date: June 1, 2025, 2:38 pm
---------------------------------------------------------
--- Quote from: Endorfin link ---
>
> I presume no mention at this point about having a valid badge
and entitlement to park in the disabled space.
>
--- End Quote ---
Just do as advised for the defence. If you try to alter
anything, you will probably end up proverbially shooting
yourself in the foot.
*****************************************************
Page 3 of 6
DIR Previous Page
DIR Next Page