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  • FIRST POST
    • Alexkerr526
    • By Alexkerr526 5th Oct 17, 12:24 AM
    • 2Posts
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    Alexkerr526
    Letter for money claims online and HM Courts and tribunals
    • #1
    • 5th Oct 17, 12:24 AM
    Letter for money claims online and HM Courts and tribunals 5th Oct 17 at 12:24 AM
    I've taken some ideas and thoughts from other letters as well as adding my own views. Any thoughts and ideas on where I might need to edit this would be greatly appreciated

    IN THE COUNTY COURT
    Claims Number:
    Between
    (Claimant)
    -and-
    []
    (Defendant)
    PCN Number:

    __________________________________________________ _________________________
    DEFENCE STATEMENT
    __________________________________________________ _________________________
    I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the
    following reasons:

    1.
    I am the registered keeper of the vehicle in question. The Claim relates to an alleged debt arising from my vehicle having been parked in the Summer 2017 in Castle car park in Windsor.
    2.
    I was late by 10-12 minutes and requested that due to my recently torn calf muscle I be allowed to have some flexibility due to my injury. The injury can clearly be seen as I struggle to the car on crutches and I am in a walking cast.
    The allegation appears to be an ‘overstay’ by 12 minutes, timed by their ANPR camera at the entrance and exit. However, the extra few minutes is explained by the longer time it takes me to get in and out of the car safely, with assistance, plus the time to drive in/out of the car park. The applicable 2014 BPA CoP states at 16: ‘The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people...
    You and your staff also need to realise that some disabled people may take a long time...
    You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action.’
    3.
    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Due to my damaged leg (torn calf muscle) and allowing people to park in front of the sign I was unable to gain a close view of its terms and conditions.
    4.
    I followed all appeals procedures but the independent review procedure never sent me a letter to confirm whether my review case was declined or not. I am still waiting for the independent review letter or email or phone call to be sent or made.
    5.
    I offered what I deemed to be fair amount of 1 hour’s parking payment, for the 10-12 minutes of extra parking. This was rejected.
    6.
    I submit that I was not afforded any method by which to appeal, nor any information about complaints procedures to the landowner. This omission prevented me from being able to get this charge cancelled by the Retailer, a right that I believe existed as an exemption clause for shoppers written into the landowner contract/retailer user manual but a material fact which is withheld from consumers. If I could have appealed to POPLA or had been informed that the Retailer/landowner could deal with such complaints and cancel charges, I would have done so.
    7.
    In order to issue parking charges, and to pursue unpaid charges via litigation, the
    Claimant is required to have the written authority of the landowner, on whose behalf they are acting as an agent. No evidence of such authority has been supplied by the Claimant or their legal representatives, and the Claimant is put to strict proof of same, in the form of an underacted and contemporaneous contract, or chain of authority, from the landowner to the Claimant. A Managing Agent is not the Landowner.
    8.
    The Claimant’s representatives,...., have artificially inflated the value of the Claim from £100 to £238. I submit the added costs have not actually been incurred by the Claimant; these are figures plucked out of thin air and applied regardless of facts, as part of their robo-claim litigation model, in an attempt at double recovery, circumventing the Small Claims costs rules.
    Further, ..... appear to be in contravention of the Solicitors ’Regulation Authority Code of Conduct.
    9.
    The letter I received from the lawyer to inform me that they were looking to be in contact, looked fraudulent due to the spelling and punctuation errors, including words inserted into the telephone number. This now includes the letter where apparently, I am of the female gender, when I am male.
    10.
    I did make a further offer to the solicitor of .... representing ..... but I have never heard back from them, in either voice message or email.
    11.
    The Court is invited to dismiss the Claim, and to allow such Defendant’s costs as are permissible under Civil Procedure Rule 27.14.
    12.
    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.
    I do not give you consent to process data relating to me or this vehicle, nor have I ever given you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.


    I believe the facts stated in this Defence Statement are true...............................
Page 1
    • Redx
    • By Redx 5th Oct 17, 12:35 AM
    • 16,900 Posts
    • 21,006 Thanks
    Redx
    • #2
    • 5th Oct 17, 12:35 AM
    • #2
    • 5th Oct 17, 12:35 AM
    firstly , you need to add clause #13 of the BPA CoP because this covers an overstay such as this, before and after , typically up to 10 minutes before and over 10 minutes afterwards

    the bottom part of the above reads like the initial appeal, this defence is going to be seen by a judge , so that 21 days malarkey seems ludicrous to me

    if you have admitted being the driver previously then POFA2012 doesnt apply , but staying as keeper is the preferred option, so an occupant of the vehicle needs longer time , not necessarily the driver

    remember, this is a defence , based on legal arguments, the witness statement comes later down the track

    read post 2 of the NEWBIES sticky thread too

    which PPC is it ?

    ps:- the last BPA CoP is october 2015 v6 I believe

    pps:- 3. is about the claimants signs , not "your signs"

    and the EA2010 covers people with long term disability issues, usually over 12 months , so this injury does not appear to qualify
    Last edited by Redx; 05-10-2017 at 12:43 AM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 5th Oct 17, 12:39 AM
    • 4,737 Posts
    • 3,077 Thanks
    KeithP
    • #3
    • 5th Oct 17, 12:39 AM
    • #3
    • 5th Oct 17, 12:39 AM
    When is your defence due?

    3.
    I believe that your signs fail...
    Originally posted by Alexkerr526
    You are addressing the court.
    Do the court own any signs?

    Similarly point 12. Does the court obtain data from the DVLA?


    You and your staff also need to realise that some disabled people may take a long time...
    Originally posted by Alexkerr526
    Not the best way to get a judge on your side.
    Last edited by KeithP; 05-10-2017 at 12:45 AM.
    .
    • pappa golf
    • By pappa golf 5th Oct 17, 12:39 AM
    • 7,721 Posts
    • 7,996 Thanks
    pappa golf
    • #4
    • 5th Oct 17, 12:39 AM
    • #4
    • 5th Oct 17, 12:39 AM
    "flexibility due to my injury. The injury can clearly be seen as I struggle to the car on crutches and I am in a walking cast."

    ANPR = automatic number plate recognition , NOT normal CCTV camera,s


    ANPR records time on site , not time parked , and there are recognised grace periods both at the start and the finish of the "contract , the exit grace period is "no less than 10 mins"

    I suspect the "equality act" , does not include short term problems like broken limbs

    read the code of contact for the trade assoc associated with this company

    the figure stated sounds like a gladstones job , who was the parking Co
    • Alexkerr526
    • By Alexkerr526 24th Oct 17, 11:13 AM
    • 2 Posts
    • 0 Thanks
    Alexkerr526
    • #5
    • 24th Oct 17, 11:13 AM
    • #5
    • 24th Oct 17, 11:13 AM
    Csb parking, in Windsor.
    • KeithP
    • By KeithP 24th Oct 17, 1:07 PM
    • 4,737 Posts
    • 3,077 Thanks
    KeithP
    • #6
    • 24th Oct 17, 1:07 PM
    • #6
    • 24th Oct 17, 1:07 PM
    Csb parking, in Windsor.
    Originally posted by Alexkerr526
    It took you nineteen days to post that?

    How's your defence statement coming along?

    Already asked in post #3... when is your defence due?
    .
    • Umkomaas
    • By Umkomaas 24th Oct 17, 3:27 PM
    • 15,900 Posts
    • 24,657 Thanks
    Umkomaas
    • #7
    • 24th Oct 17, 3:27 PM
    • #7
    • 24th Oct 17, 3:27 PM
    Csb parking, in Windsor.
    Originally posted by Alexkerr526
    Are you sure that’s the name of the parking company? Or the name of the solicitors representing them?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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