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    • loovenator
    • By loovenator 22nd Apr 17, 10:11 PM
    • 8Posts
    • 3Thanks
    loovenator
    Claim Form Defence Help
    • #1
    • 22nd Apr 17, 10:11 PM
    Claim Form Defence Help 22nd Apr 17 at 10:11 PM
    Hi
    I'm looking for some advice with my claim defence response. If anyone is available to assist I would be HUGELY grateful.

    The original PCN was from Link Parking Ltd. and it then went to Gladstone Solicitors and I have now received a Court Claim notification. I have submitted my acknowledgement of Service and now need to reply by Wednesday with my defence (sorry this has been left late).

    A bit of background:
    - I attended a private event at a venue and the venue verbally told me to park in a gated off area off a main road.
    - The parking space I parked in was adjacent to the venue and it was not obvious that there were any other businesses in this area that could share the car park.
    - I returned to the car to see the PCN.
    - I went into the venue and notified the manager who said that he would contact the company and have it written off - this didn't happen. It looks like the ticket was from a part of the car park that is owned by another company.
    - The owner of the venue has offered to contribute towards the cost of the ticket - I believe this shows that he is aware that this is partly their fault.
    - The venue also sent me copy of a letter from the landlord to be edited and sent as part of my defence, which I sent onto Gladstone.
    So, onto my response:

    1. I am the Defendant, ???? , DOB xx/xx/xxxx, and reside at ?????? and it is admitted that I was the driver of the vehicle on the day of this event.

    2. Save as specifically admitted in this defence the Defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre-action correspondence.

    Preliminary matters:

    3. The claimant failed to include a copy of their written contract nor any detail or reason for - nor clear particulars pertaining to - this claim (Practice Directions 16 7.3(1) and 7C 1.4(3A) refer).

    4. The Particulars of Claim (PoC) do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how any terms were breached. Indeed the PoC are not clear and concise as is required by CPR 16.4 1(a) and CPR 1.4. It just vaguely states “parking charges” which does not give any indication of on what basis the claim is brought, for example whether this charge is founded upon an allegation of trespass or 'breach of contract', so I have had to cover all eventualities and this has denied me a fair chance to defend this in an informed way. I have asked questions in the form of a Part 18 request but have not received any response.

    5. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar sparse claims. I believe the term for such conduct is ‘roboclaims’ which is against the public interest, unfair on unrepresented consumers and parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support. On the basis of the above, I request the court strike out the claim.

    In further support of there being a want of cause of action:

    6. The PCN was issued in a gated parking area where I was authorised to park by the venue where I was attending a private function.

    7. There were no obvious signs to determine that this parking area was not owned by the venue I was attending. The parking area was adjacent to the venue.

    8. The parking area was very dimly lit and any signage was not lit specifically, making it essentially hidden from view.

    9. Upon receiving the PCN I immediately spoke with the manager of the venue who took down the details and advised me that he would contact the PPC to have the PCN removed. This did not happen despite me chasing the venue on several occasions. It transpires that the manager has now left the venue. The venue have issued me with a letter from the landlord requesting that my PCN be removed.

    10. The gates to the property were open and we were advised specifically to park within the gated area. If this area was not for use by the venue or their guests then this compound should have been gated shut and locked.

    11. The address of the venue is actually the same as the address of the PCN – xxxxxxx. This is an obvious cause of confusion.

    12. The owner of the venue has verbally agreed to pay towards the initial PCN fee. Highlighting my innocence and lack of responsibility.

    13. I have previously highlighted this information to both Link Parking and Gladstone Solicitors and have received no correspondence from either except for threatening letters which have caused a great deal of anxiety.

    14. It is submitted that (apart from properly incurred court fees) any added solicitors fees are simply numbers made up out of thin air, and are an attempt at double recovery by the Claimant, which would not be recoverable in any event.

    15. It is submitted that the Claimant is merely an agent acting ‘on behalf of’ the landowner who would be the only proper claimant. Strict proof is required of a chain of contracts leading from the landowner to this Claimant, to allow them the right to form contracts and to sue in their name.

    16. Even if this is produced, it is submitted that there is no contract offered to drivers not displaying a permit, so alleged 'unauthorised' parking (denied) can only be an event falling under the tort of trespass.

    17. It is submitted that the conduct of the Claimant in pursuing this claim is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time/costs in dealing with this matter.

    18. The court is invited to strike out the claim, due to no cause of action nor prospects of success.

    19. The facts and information in this defence are true and the Defendant is not liable for the sum claimed, nor any sum at all.

    Do you think I need to add or amend any of the above? I will send this via recorded next day delivery, hopefully on Monday if anyone is available to give me advice over the weekend. Obviously I understand that this is late so feel free to abuse or not help me smile.gif But I would be grateful for ANY helpful advice.
Page 1
    • Coupon-mad
    • By Coupon-mad 22nd Apr 17, 10:52 PM
    • 48,170 Posts
    • 61,627 Thanks
    Coupon-mad
    • #2
    • 22nd Apr 17, 10:52 PM
    • #2
    • 22nd Apr 17, 10:52 PM
    1. I am the Defendant, ???? , DOB xx/xx/xxxx, and reside at ?????? and It is admitted that I was the driver of the vehicle on the day of this event but it is denied that I am liable for this claim or any sum at all.

    You don't need the first few words at all because your headings tell the Judge that you are the Defendant and who you are (no need for address or DOB).

    I would add a few extra points like this (these will need numbering):

    Even if the claimant is authorised to issue PCNs in part(s) of this shared car park, there is no site map or warning at the entrance nor have I seen any evidence that the enforcement boundaries were defined anywhere at the location for drivers to learn about the rules and where to park. No separate enforced bays nor areas are delineated with any prominent signs or lines showing the boundaries.

    I had no idea that this was a shared car park and could not have been reasonably expected to seek out signage, in view of the fact that I was relying upon authority to park from the venue, who are in turn supported by their landlord. It is averred that the venue and landlord have primacy of contract here and granted me a verbal right to park which I can evidence.

    This charge represents a breach of the well-known and well-established principle of promissory estoppel, i.e. that a promise is enforceable by law, even if made without formal consideration, when party A has made a promise to party B, who then relies on that promise to his subsequent detriment.

    Further and in the alternative, this charge represents a breach of the well-known and well-established principle that 'a grantor shall not derogate from his grant'. This rule embodies a general legal principle that, if A agrees to confer a benefit on B, then A should not do anything that substantially deprives B of the enjoyment of that benefit. It is believed that the landlord/owner is the same entity for the whole site. In this analogy, party A is the landlord of the site which I can prove in evidence, allowed the leasehold venue to offer myself and other drivers, a right to park. Yet it appears that this Claimant is suggesting that party A - if indeed the Claimant is so authorised by the landowner - can deprive me of that promise. It is trite law that this is not the case.


    What does this letter say exactly? Quote from it in the defence but keep the original safe for your evidence later on, with your Witness Statement before the hearing.
    The venue also sent me copy of a letter from the landlord to be edited and sent as part of my defence, which I sent onto Gladstone.
    Oh, and don't use the acronym 'PPC' at all, it's forum-speak and nothing more. No-one outside of here and other parking forums understands it! Call them 'the Claimant' throughout. Only use 'PCN' if you have first written it in full followed by (PCN) in brackets the first time, to indicate its later meaning as an acronym in the defence.
    Last edited by Coupon-mad; 22-04-2017 at 10:55 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • loovenator
    • By loovenator 23rd Apr 17, 9:00 AM
    • 8 Posts
    • 3 Thanks
    loovenator
    • #3
    • 23rd Apr 17, 9:00 AM
    • #3
    • 23rd Apr 17, 9:00 AM
    Thank you so much Coupon-mad. I'll adjust the letter and take out PCN, PPC abbreviations this afternoon at some point. I'll repost it here in case I have missed anything obvious. Really appreciate the help!
    • loovenator
    • By loovenator 10th Jul 17, 11:26 PM
    • 8 Posts
    • 3 Thanks
    loovenator
    • #4
    • 10th Jul 17, 11:26 PM
    • #4
    • 10th Jul 17, 11:26 PM
    Hi Guys

    I have put together a Witness Statement. Could someone have a quick glance and let me know of any glaring omissions or mistakes:


    Statement
    1. I, xxx live at xxx and am the Defendent in this case. I make this statement in support of my defence and refute Link Parking Limited’s claim that I should pay a Parking Charge Notice (and ensuing costs) for parking in xxx on xxx. This statement is true to the best of my knowledge and belief.

    2. On xxx my car was parked at this property whilst I attended a private function on the premises of xxx.

    Background and defence
    3. On the day of the xxx I was told by xxx manager, xxx, to park in the car park located to the left hand side of the venue (xxx).

    4. There are security gates on this premises which were wide open. The signage, as shown in the evidence, makes absolutely no mention that these premises belong to xxx.

    5. Due to these circumstances there was no way of me knowing that I was parking illegally and therefore I refuse any responsibility for this fine or the subsequent charges added by Link Parking and Gladstone Solicitors. In support of this I have attached a birds eye view of the car park and highlighted the entrance to the xxx which clearly shows that the venue we were attending was accessed via the parking area where I received the parking ticket, meaning there was no reasonable way of me knowing that I could be liable for a parking ticket.

    Evidence
    6. I attach a copy of the tenant lease agreement supplied by xxx, owner of xxx. In this lease agreement it clearly states that the venue has use of the land where my vehicle was parked during the time it was parked there. This authorisation has been granted directly by the landlord, xxx. For ease of reference I have highlighted this passage on page xxxxx.

    7. I also highlight the letter from xxx (landlord) on page xxxxx, which states that “any vehicle associated with the depot could park for free in the space outside xxx”.

    8. There has been no evidence shown that Link Parking Limited had any form of agreement with the landlord, xxx. The contract was solely with the tenants, xxx. Which brings me to my next point.

    9. I have attached evidence, from companies house, that xxx (tenant) were dissolved on xxx, this being prior to the parking ticket being issued. The company residing in these premises at the time of the parking ticket being issued were xxx. As there appears to be no agreement with the landlord himself this effectively voids the parking ticket. I therefore kindly request the court to exercise its case management powers and strike out the claim from Link Parking Limited/ Gladstones Solicitors.
    • Coupon-mad
    • By Coupon-mad 10th Jul 17, 11:43 PM
    • 48,170 Posts
    • 61,627 Thanks
    Coupon-mad
    • #5
    • 10th Jul 17, 11:43 PM
    • #5
    • 10th Jul 17, 11:43 PM
    Due to these circumstances there was no way of me knowing that I was parking illegally
    You were not parking illegally (i.e. it's not a criminal offence). So don't say that.

    Due to these circumstances, I was at the material time of parking the car, honestly and reasonably relying upon the verbal contract offered to me by the Manager of xxx to park on the left, and in my defence I further rely upon the evidence adduced in points 6 - 9 below. Therefore, I refuse any responsibility for this fine 'parking charge'...
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • loovenator
    • By loovenator 11th Jul 17, 9:55 AM
    • 8 Posts
    • 3 Thanks
    loovenator
    • #6
    • 11th Jul 17, 9:55 AM
    • #6
    • 11th Jul 17, 9:55 AM
    Thanks coupon-mad!
    They've also mentioned that there was plenty of signage in the car park and the photograph of my car shows me parked in front of one of these signs. The car park is very dimly lit and you can barely make out the sign behind my car, let alone be expected to read it. I will mention this in my defence.
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