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  • FIRST POST
    • Hayles31
    • By Hayles31 9th Oct 17, 1:58 PM
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    Hayles31
    Small claim against me even though paid fine
    • #1
    • 9th Oct 17, 1:58 PM
    Small claim against me even though paid fine 9th Oct 17 at 1:58 PM
    Hi

    Wondering if someone can help me draft a defence, Iíve filed an AOS.

    I have received a claim firm for a parking charge notice despite paying the fine when I received a ticket on my windscreen - paid through SIP website within a matter of hours although a few months later I received a letter demanding payment and despite emails to SIP and Gladstoneís confirming I have made payment already a claim has been initimated. I had paid for parking but unfortunately had recently bought a new car and therefore using PAY BY PHONE I put in my old registration.

    Any help would be appreciated. Also feel I have grounds for a counterclaim given that they got my details from DVLA without reasonable cause as I had paid the fine straight away.

    Thanks
Page 2
    • Loadsofchildren123
    • By Loadsofchildren123 11th Oct 17, 11:53 AM
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    Loadsofchildren123
    when you fill in the DQ, I think you should write to the court at the same time asking it to strike out the claim pursuant to R3.4.

    Dear Sirs,

    I enclose my completed Directions Questionnaire.

    I am asking the court at this stage to exercise its inherent powers, of its own initiative, as part of its duty of active case management under CPR Rule 1.4(2)(c) and Practice Direction 26, paragraph 5.1, namely to summarily dispose of issues which do not need full investigation and trial. The court’s powers include striking out a claim (or part of it) under CPR Rule 3.4 and Summary Judgment under CPR Rule 24. I also ask the court to order that the Claimant pays my costs so far incurred (these amount to x hours of time at the hourly rate of a litigant in person at £19 allowed by Practice Direction 46 (paragraph 3.4) and CPR Rules 45.39(5)(b) and 46(4)(b), so a total of £xxx).

    The reason I am asking the court to make this order is:
    1. I paid the debt which the Claimant assets is still owed on x date.
    2. This is evidenced in a bank statement [and printout of website ????], both of which show payment was made. I enclose copies.
    3. I have told the Claimant and its solicitors repeatedly that I paid the debt, and have produced the evidence at paragraph 2 above. I enclose copies of the letters.
    4. The Claimant has completely ignored these letters (which it should have responded to in order to satisfy its obligations set out in paragraphs 3, 6 and 12 of the Practice Direction - Pre-Action Conduct).
    5. Put simply, there is no cause of action. No debt exists.

    If the court is not willing to make an order pursuant to R3.4 at this stage, then I ask for a preliminary hearing dealing solely with the issue of whether I paid the original debt and whether any remaining debt exists.

    The court has the power to make this order of its own volition rather than requiring me to make an application. Alternatively, the court has the power to treat this letter as an application and to dispense with the requirement for a Notice of Application to be issued (CPR Part 23.3(2)(b)).

    Yours faithfully
    • Hayles31
    • By Hayles31 19th Oct 17, 11:58 AM
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    Hayles31
    Hi

    Sent the further letter of claim asking they withdraw claim but no response so need to prepare my defence and counterclaim tomorrow, the claim was issued on 22 September. I have also had confirmation from DVLA that SIP got my details through them.

    Questions:
    1. Shall I request the strike out in my defence? Do I really want the claim striking out though if counterclaiming and looking to recover costs?
    2. Shall I submit my defence and counter claim online or by post?

    Thanks in advance.

    Ps will post my draft defence/counter claim soon
    • Lamilad
    • By Lamilad 19th Oct 17, 12:14 PM
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    Lamilad
    Questions:
    1. Shall I request the strike out in my defence? Do I really want the claim striking out though if counterclaiming and looking to recover costs?
    2. Shall I submit my defence and counter claim online or by post?
    The claim won't be struck out anyway so probably not worth mentioning. You could say instead "due to all the procedural failings stated above and lack of a cause of action, this claim is utterly without merit and the court should give no weight to it whatsoever.

    Your defence can certainly be submitted via email, not sure about the counter claim - ring the court and ask.
    • Hayles31
    • By Hayles31 19th Oct 17, 11:26 PM
    • 10 Posts
    • 2 Thanks
    Hayles31
    Draft Defence/Counter claim
    Please can you let me know what you think of my draft defence and counter claim:


    DEFENCE


    1. The Defendant admits that on 13 March 2017 date she was the registered keeper and driver of vehicle registration number XXX, but denies any debt exists


    2. On the 13 March 2017 the Defendant admits that she parked on the land in question and received a parking charge notice from the Claimant. However, on 14 March 2017 the Defendant paid the said charge of £35.00 which was the reduced rate if paid within 24 hours of the parking charge notice of being issued.. The Defendant will produce evidence of the payment in the form of a bank statement and document from the bank confirming time paid along with the authorisation code.


    3. In spite of receiving payment, the Claimant has continued to write to the Defendant, both itself and now solicitors, seeking payment of the charge, together with additional charges and interest, and threatening proceedings and a CCJ.



    4. Since the Defendant paid the charge in full, within the required time scale, there is no debt owing to the Claimant and this Claim is entirely misconceived and bound to fail.


    5. The Defendant has attempted repeatedly to draw these matters to the Claimant's attention, but the Claimant has ignored all the Defendantís correspondence. The Defendant will produce evidence of such correspondence to show the attempts made by the Defendant to bring this to the Claimantís attention.


    COUNTERCLAIM






    • In spite of no debt being due to the Claimant because whatever debt was due was paid on 14 March 2017, it has sought the Defendant's personal data from the DVLA, which the Defendant will produce evidence of. And the Claimant has obtained, retained and processed such data in breach of her rights under the Data Protection Act, including passing the data to its Solicitors and the Court.
    • The DVLA is entitled to share its register of keeper data with private parking companies but only for reasonable cause.
    • The Defendant again repeats that she paid the parking charge notice on 14 March 2017 and therefore the Claimant had no reasonable cause to obtain the Defendantís personal data.
    • Furthermore the Claimant passed the Defendantís details on to their solicitors and the Court which is a further breach of the Data Protection Act, particularly Schedule 1 Principle 5, as they were informed by the Defendant on a number of occasions that the parking charge notice had been paid but despite this passed of the Defendantís personal details to their solicitors and then the Court and therefore kept the Defendantís data for longer than necessary.
    • Pursuant to Section 13 of the DPA the Defendant seeks compensation as a result of the contravention by the Claimant.
    • Furthermore, the Claimant and its Solicitors have written a number of letters to the Defendant over the course of 5 months alleging that the debt is due, demanding settlement of the debt, and making threats of court proceedings and CCJs. The Defendant has responded to such letters in a timely manner and brought the Claimantís attention to the fact that the debt was paid and requesting that Claimant refrain from pursuing the matter further as such amounts to harassment.
    • The Claimant's actions in writing repeatedly to the Defendant claiming a debt was owed, when they had been repeatedly informed by her that it had been paid, amount to harassment pursuant to Section 1 of the Protection from Harassment Act 1997. The Claimant's actions caused the Defendant to feel anxious, stressed and harassed. The Defendant specifically told the Claimant that this was the case, but it/its solicitors continued to write to her .
    • The Defendant seeks the payment of damages in the sum of £500 and an injunction prohibiting the Claimant or its agents from contacting him/her again about this matter.
    • The Defendant also seeks her costs of Defending the claim as well as her costs of the counterclaim.


    STATEMENT OF TRUTH

    I believe the facts in this statement are true
    • Loadsofchildren123
    • By Loadsofchildren123 20th Oct 17, 10:43 AM
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    Loadsofchildren123
    Please can you let me know what you think of my draft defence and counter claim:


    DEFENCE


    1. The Defendant admits that on 13 March 2017 date she was the registered keeper and driver of vehicle registration number XXX, but denies any debt exists


    2. On the 13 March 2017 the Defendant admits that she parked on the land in question and received a parking charge notice from the Claimant. However, on 14 March 2017 the Defendant paid the said charge of £35.00 which was the reduced rate if paid within 24 hours of the parking charge notice of being issued.. The Defendant will produce evidence of the payment in the form of a bank statement and document from the bank confirming time paid along with the authorisation code.


    3. In spite of receiving payment, the Claimant has continued to write to the Defendant, both itself and now solicitors, seeking payment of the charge, together with additional charges and interest, and threatening proceedings and a CCJ.



    4. Since the Defendant paid the charge in full, within the required time scale, there is no debt owing to the Claimant and this Claim is entirely misconceived and bound to fail.


    5. The Defendant has attempted repeatedly to draw these matters to the Claimant's attention, but the Claimant has ignored all the Defendantís correspondence. The Defendant will produce evidence of such correspondence to show the attempts made by the Defendant to bring this to the Claimantís attention.


    COUNTERCLAIM



    number these paragraphs, continuing from the previous numbering

    6. The Defendant repeats paragraph 2-5 inclusive above


    7.In spite of no debt being due to the Claimant because whatever debt was due was paid on 14 March 2017, it has sought and obtained the Defendant's personal data from the DVLA, which the Defendant will produce evidence of. And is has the Claimant has obtained, retained and processed such data in breach of her rights under the Data Protection Act, including passing the data to[third party debt collectors???] its Solicitors and the Court.


    8. The DVLA is entitled to share its register of keeper data with private parking companies but only for reasonable cause. The Defendant again repeats that she paid the parking charge notice on 14 March 2017 and therefore The Claimant had no reasonable cause to request and obtain the Defendantís personal data from the DVLA pursuant to ..... [set out the relevant section of the Act that you say has been breached].


    9. Having wrongfully obtained the Defendant's data, the Claimant then passed it on to [third party debt collectors???], Furthermore the Claimant passed the Defendantís details on to their its solicitors and the Court which is a further breach of the Data Protection Act, particularly Schedule 1 Principle 5, as they were informed by the Defendant on a number of occasions that the parking charge notice had been paid but despite this passed of the Defendantís personal details to their solicitors and then the Court and therefore kept the Defendantís data for longer than necessary.


    10. [i've moved this up] Furthermore, the Claimant and its Solicitors have written a number of letters to the Defendant over the course of 5 months alleging that the debt is due, demanding settlement of the debt, and making threats of court proceedings and CCJs. The Defendant has responded to such letters in a timely manner and brought the Claimantís attention to the fact that the debt was paid and requesting that Claimant refrain from pursuing the matter further as such amounts to harassment.


    11. Despite being reminded by the Defendant that no debt exists, the Claimant has nevertheless continued to process her data and to pass it onto third parties, in breach of [relevant section]


    12. Pursuant to Section 13 of the DPA the Defendant seeks damages in respect of the Claimant's breaches compensation in respect of as a result of the contravention by the Claimant's breaches.


    13. The Claimant's actions in writing repeatedly to the Defendant claiming a non-existent debt was owed, even after when they had been repeatedly informed by her that it had been paid, amount to harassment pursuant to Section 1 of the Protection from Harassment Act 1997.


    14. The Claimant's actions have caused the Defendant to feel anxious, stressed and harassed. Not only did the Claimant send her a number of letters about a debt which did not exist, but they ignored the evidence she provided to demonstrate that there was no such debt and continued to write to her. The Claimant's letters were misleading and threatening in tone, telling the Defendant that her credit rating would be affected by any proceedings, and that she would have no proper defence to a claim. The Defendant specifically told the Claimant that this was the case, but it/its solicitors continued to write to her .


    AND THE DEFENDANT CLAIMS


    15. The payment of damages in the sum of £500 and an injunction prohibiting the Claimant or its agents from contacting her again about this matter and from continuing to retain and process her data.


    16. An Order that the Claimant pay her costs of Defending the claim as well as her costs of the counterclaim.

    DATED THIS DAY OF 2017
    STATEMENT OF TRUTH

    I believe the facts in this statement are true
    Originally posted by Hayles31

    Some comments, I think it's fine as it is. You can add all the detail to your WS.
    I would write a covering letter with this to ask for a strikeout. I'll do one for you in a minute.
    • Loadsofchildren123
    • By Loadsofchildren123 20th Oct 17, 10:44 AM
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    Loadsofchildren123
    I know I suggested doing it at DQ stage, but I think perhaps do it now - I've just reviewed my previous posts and I've already done the letter. You can adapt it to refer to the defence.
    • Hayles31
    • By Hayles31 20th Oct 17, 10:50 AM
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    Hayles31
    Thanks so much.

    There were no dept collectors letters as you queried.

    Do you think Iíll be ok just submitting on the MCOL website or would you post it to the court and sols. Iím just minded got limited time and might not get chance to post it today. Claim issued 22 September so thinking if I post tomorrow (Saturday) by recorded delivery I will still be in time. Do I just send a cheque for the counterclaim or is there another way? Not sure I even have a cheque book these days!
    • The Deep
    • By The Deep 20th Oct 17, 11:04 AM
    • 7,174 Posts
    • 6,228 Thanks
    The Deep
    Para 12 needs sorting.


    It seems rather repetitive. If I produced that in the FO it would be cut by at least a third, but, being a solicitor I suspect you are used to charging by the word.
    You never know how far you can go until you go too far.
    • Loadsofchildren123
    • By Loadsofchildren123 20th Oct 17, 11:16 AM
    • 1,262 Posts
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    Loadsofchildren123
    lol, by the minute actually (in 6 minute increments). Yes there is extra wording there which needs taking out.


    Pursuant to Section 13 of the DPA the Defendant seeks damages in respect of the Claimant's breaches compensation in respect of as a result of the contravention by the Claimant's breaches.
    • Loadsofchildren123
    • By Loadsofchildren123 20th Oct 17, 11:25 AM
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    Loadsofchildren123
    I'm not great on MCOL procedure.


    I think the advice is you can submit it online, but by PDF rather than filling in the defence box which then unformats itself.


    Not sure about the counterclaim, I would have thought you could pay online.


    You need to both file and serve the defence (ie file at court - either post or email and serve the Claimant - this is usually by post as Gladstones say in their correspondence that they don't accept service by email - personally I'd do it by both methods to them, email and post)


    You asked a question in post #22 - if their claim is struck out that still leaves your counterclaim live. You will then become responsible as if you were the Claimant for paying the hearing fee - they don't remind you about this so diarise it, other posters have come unstuck by forgetting about it.
    • Loadsofchildren123
    • By Loadsofchildren123 20th Oct 17, 11:52 AM
    • 1,262 Posts
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    Loadsofchildren123
    Don't bother with recorded delivery. Send normal post but get a certificate of postage (free).
    • Umkomaas
    • By Umkomaas 20th Oct 17, 12:14 PM
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    Umkomaas
    I think all the detail about who to submit to and via which medium is provided in the NEWBIES FAQ sticky, post # 2. Please do check it out there. Would be a bit of a blow to miss out by not getting basic admin right.
    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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