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       #Post#: 74985--------------------------------------------------
       dcb legal defence
   DIR By: poppapole
       Date: June 5, 2025, 12:17 pm
       ---------------------------------------------------------
       Hello all I have received an MCOL from Smart Parking / DCB
       Legal.
       Do i need to reply in legal jargon.
       There particulars of claim:
       1.The defendent (D) is indebted to the Claimant (C) for Parking
       Charge(s) (PC) issued to vehicle ******** at *******
       2. The date of contravention is ****** and the D was issued with
       PC(s) by the Claimant.
       3. The Defendant is pursued as the driver of the vehicle for
       breach of the terms on the signs (the contract). Reason
       insufficient paid time.
       4. In the alternative the defendant is pursued as the keeper
       pursuant to POFA 2012 schedual 4.
       AND THE CLAIMANT CLAIMS
       1.£165 being the total of the PC(s) and damages
       2.Interest at a rate of 8% per annum pursuant to s.69 of the
       County Courts Act 1984 from the date hereof at a daily rate of
       £.02 until judgment or sooner payment.
       3.Costs and court fees
       thank you in advance
       #Post#: 74988--------------------------------------------------
       Re: dcb legal defence
   DIR By: DWMB2
       Date: June 5, 2025, 12:22 pm
       ---------------------------------------------------------
       Please show us the claim form with all dates and details intact,
       just redact your name and address, claim number, and MCOL
       password.
       READ THIS FIRST - Private Parking Charges Forum guide
  HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
       />- this advises on how to upload images properly.
       It would also be useful for you to confirm if you have engaged
       in any correspondence with Smart prior to the issuing of this
       claim.
       #Post#: 75007--------------------------------------------------
       Re: dcb legal defence
   DIR By: b789
       Date: June 5, 2025, 1:16 pm
       ---------------------------------------------------------
       More importantly, what is the issue date of the claim?
       As long as it has not been more than 19 days since the issue
       date of the claim, you can either submit an Acknowledgement of
       service (AoS) and get another 14 days on top of that to extend
       the deadline for submitting 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 Smart Parking Ltd v [your full name]
       Claim no.: [claim number]."
       --- Quote ---
       > [center]IN THE COUNTY COURT[/center]
       > [right]Claim No: [Claim Number][/right]
       >
       > [center]BETWEEN:
       >
       > Smart Parking Ltd
       > Claimant
       >
       > - and -
       >
       > [Defendant's Full Name]
       > &#8232;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 su&#64259;cient 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#: 75008--------------------------------------------------
       Re: dcb legal defence
   DIR By: poppapole
       Date: June 5, 2025, 1:22 pm
       ---------------------------------------------------------
       Hi this is claim form
       [attachment deleted by admin]
       #Post#: 75010--------------------------------------------------
       Re: dcb legal defence
   DIR By: b789
       Date: June 5, 2025, 1:26 pm
       ---------------------------------------------------------
       So, with an issue date of 23rd May, you have until 4pm on
       Wednesday 11th June to submit the defence I have provided above.
       If you need extra time, then follow the instructions on how to
       submit an AoS and you will then have a deadline of 4pm on
       Wednesday 25th June for your defence.
       #Post#: 75011--------------------------------------------------
       Re: dcb legal defence
   DIR By: poppapole
       Date: June 5, 2025, 1:36 pm
       ---------------------------------------------------------
       Thank you very much for this, most helpful.  Can I ask what is
       the draft order for do I need to include this in any way?
       kind regards
       #Post#: 75012--------------------------------------------------
       Re: dcb legal defence
   DIR By: b789
       Date: June 5, 2025, 1:38 pm
       ---------------------------------------------------------
       --- Quote from: b789 link ---
       >
       > 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]."
       >
       --- End Quote ---
       Not sure which bit of the above is not clear.
       #Post#: 75055--------------------------------------------------
       Re: dcb legal defence
   DIR By: poppapole
       Date: June 6, 2025, 4:06 am
       ---------------------------------------------------------
       Sorry missed that bit, thanks!
       One final point, on the online MCOL, would you recommend filling
       this out with the defence and then emailing the above email
       address as well with the defence and draft order?  Thanks.
       #Post#: 75057--------------------------------------------------
       Re: dcb legal defence
   DIR By: DWMB2
       Date: June 6, 2025, 4:28 am
       ---------------------------------------------------------
       No, do it by email as advised.
       #Post#: 75095--------------------------------------------------
       Re: dcb legal defence
   DIR By: b789
       Date: June 6, 2025, 6:05 am
       ---------------------------------------------------------
       --- Quote from: poppapole link ---
       >
       > Sorry missed that bit, thanks!
       > One final point, on the online MCOL, would you recommend
       filling this out with the defence and then emailing the above
       email address as well with the defence and draft order?  Thanks.
       >
       --- End Quote ---
       If you do that, you are screwed. Follow the advice and don't try
       to overthink this.
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