VCS ANPR PCN PAPLOC Now Claimform - No stopping - JLA Liverpool Airport ***Claim Discontinued***

[FTMDave]

Post moved to your own thread.

 

Simply go on MCOL and follow the instructions for filing a defence.

 

Alternatively a defence can be filed by e-mail or snail mail.

 

It would be a good idea to post up here a draft of your defence first.  In fact it would have been a good idea for you to post after June last year and tell us that things had progressed to a court claim.

[FTMDave]

File this one -

 

1.  It is admitted that the Defendant is the recorded keeper of xxxxxxx.

 

2.   As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has the authority to bring this claim.  The proper claimant is the landowner

 

3.  It is denied that the Defendant breached any terms and conditions set on private land.

 

4.  It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.

 

5.  The Claimant's alleged recovery costs include an additional £60 for “debt collection charge”.  The aforementioned sum represents an attempt at double recovery, which may be considered an abuse of process, and the Defendant invites the Court to strike out the claim ab initio for that reason.

 

6.  The Claimant's invoice was issued in July 2017 and it is unreasonable for the Claimant to delay litigation for four and a half years and to claim 8% interest for that whole period.

 

7.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

[FTMDave]

They should be suing you for £100 but have invented £60 Unicorn Food Tax, so file the defence as is.

[FTMDave]

This will probably be Simple Simon trying to put the wind up you, which we've seen countless examples of (although this seems a new trick).

 

Can you scan & upload Simon's tripe please?  It might ironically be to your benefit if it turns out the contract or the sign is pants.

[FTMDave]

Yes, this is a new spin on Simon's trick of trying to put the wind up his opponent.  Ignore.

 

The Witness Statement is from 2015, it isn't current, and nor is it a contract.

[FTMDave]

Well done on your victory!