Court Claim PCN

Coupon-mad · 2 September 2017 at 7:21PM

WinWin wrote: »

Hi all, sorry havn't disappeared. Putting together defence. Wondering about the response times. Can someone confirm the times PCN to be posted etc from date of parking? not sure if this is a relevant point at this time.
Thank you

The NEWBIES thread post #1 mentions that PPCs do not have to follow the POFA Schedule 4 deadlines (the act is linked there, tells you the timings) but if they fail, their PCN is not invalid but can only be recovered from a known driver.

Would I need to include defence re new signage, not sure as was overstay so I see signage although not immediately.

Always. The only contractual sums payable that were seen were the tariffs e.g £1, and the penalty is buried in small print, in MUCH smaller font.

Not sure why there is a problem, there are loads of example defences including a pay and display one in the NEWBIES thread post #2.

WinWin · 3 September 2017 at 11:15AM

thank you coupon mad. I think im over reading as all cases not identical so want to get it right

WinWin · 4 September 2017 at 9:12AM

Good morning

I wonder if you can advise on suggested template(although looks quite different to others here). As no reply for more information although requested(also should I attach evidence of same to defence? Would this be a good starting point then add other points such as signage and unreasonable amount of £ ?

DEFENCE
Introduction
1. I am ..........., the defendant in this matter. My address for service is ...................
2. The Claimant has not complied with the pre-court protocols. They are a speculative serial litigant,
issuing a large number of identical claims whether there is a cause of action or not.
3. These Particulars
I. Do disclose reasonable grounds to bring a claim
II. Are an abuse of process
III. Fail to comply with Part 16.4
4. We request that the Claimant files a coherent statement of facts which, if true, disclose a legally
recognisable claim in line with the Civil Procedure Rules. The defendant believes this is necessary to
avoid the courts becoming clogged with trivial disputes based on the Claimant's negligence and
misrepresentation, which bring the law into disrepute and harms the interests of parties who would be
responsible for the costs of such actions.
5. As as an alternative, the defendant requests the court uses its power to strike out a claim as it is
vexatious, scurrilous or obviously ill-founded. See CPR 3.4(2)(b) and CPR PD 3A, para 1.5.
6. The Defendant is embarrassed to plead further in light of the deficient particulars. The Defendant is
entitled to know the case they have to meet. In addition the Claimant failed to respond to a Part 18
request sent on 1st January 2016 in an attempt to identify a cause of action.
7. In Chabaan [2003] EWCA 1012 Judge LJ highlighted the importance of dealing with cases
expeditiously. He said that "time is not unlimited ... the entitlement of a fair trial is not inconsistent with
proper judicial control over the use of time ... every trial that takes longer than necessary is wasteful of
limited resources. The importance of dealing with cases efficiently and effectively is clear." Had the Claimant replied to Subject Access Requests as they are obliged to do, or to reply to requests for
Further and Better particulars then matters might be dealt with expeditiously.
8. No admissions are made with regards to the claim. The Claimant is required to prove the same.
9. If the court is not minded to strike out such deficient Particulars, the Defendant therefore will address any inaccuracies or misleading information in my Witness Statement, and Skeleton Argument if so ordered by the court.

This statement is true to the best of my knowledge and belief.

Thank you

WinWin · 4 September 2017 at 9:21AM

Also, In 'Parking Charge Details' box on right hand corner PCN, they state the whole time parked included time paid for not just overstay.

This is ticket machine where u enter reg. no. £1 per hour.

Particulars of claim reads:
"The driver of the vehicle reg........... ('the vehicle') incurred the parking charge(s) on ........./17 for breaching the terms of parking on the land at ...........
The Defendant was driving the vehicle and/or is the keeper of the vehicle.
AND THE CLAIMANT CLAIMS
£160 for Parking Charges/Damages and indemnity costs if applicable, together with interest of £..... pursuant to s69 of The County Courts Act 1984 at 8% pa, continuing to Judgment at £..... per day.

Coupon-mad · 4 September 2017 at 9:52PM

6. The Defendant is embarrassed to plead further in light of the deficient particulars.

Sounds dangerous not to actually defend, and why would you want to hand the other side the chance to line their ducks up in a row? Better to defend and let them fail.

Lamilad · 4 September 2017 at 11:03PM

Where did you find that defence?

You just seem this be accusing them off wasting everyone's time without actually saying why you dispute the claim

Coupon-mad · 5 September 2017 at 12:09AM

It does look terrible!

[Deleted User] · 5 September 2017 at 6:50AM

It appears this was drafted for a case where the claimant has failed to comply with both subject access requests and part 18 requests. I'm not sure either applies here...

I'd stick something in. Whilst the claimant particulars are rubbish the two sentences are at least clear and capable of being responded to.

WinWin · 5 September 2017 at 8:06AM

thank you. Maybe this is not the right draft for me. Got it from BMPA site. Would you recommend another entirely?

Coupon-mad · 5 September 2017 at 5:10PM

Yes, a fuller defence as per the NEWBIES thread post #2.

Court Claim PCN

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