Help with PE County Court Claim Form

Traindriver4

I require help in preparing a defence to submit on the Claim Form received from Northampton County Court. Can someone please get in touch. I have a couple of weeks left but would prefer not to leave it to the last minute. I prefer someone from this site - I believe most helpers are also on pepippo.

The claim is for overstaying at a retail car park.

I am sending the acknowledgement of service in order to buy more time. Thanks very much.

Coupon-mad

Hope the pm helped, good luck and do update us.

Traindriver4

Thanks to everyone who responded to my appeal. Even though many "helpers" are busy etc, I have enough material to do it myself.

Basically I will only admit to being the RK of the vehicle. I will bring up the following -

1. Contract with landowners

2. Adequate signage and lighting

3. ANPR - whether licenced and maintained as required

4. LBA -Practice Direction on Pre-action Conduct.

5. Prove pre estimate of their losses due to breach of parking as opposed to costs of managing and enforcing car parking

6. Unenforceable penalty clauses in civil contract

Custard_Pie

Traindriver4 wrote: »

Thanks to everyone who responded to my appeal. Even though many "helpers" are busy etc, I have enough material to do it myself.

Basically I will only admit to being the RK of the vehicle. I will bring up the following -

1. Contract with landowners

2. Adequate signage and lighting

3. ANPR - whether licenced and maintained as required

4. LBA -Practice Direction on Pre-action Conduct.

5. Prove pre estimate of their losses due to breach of parking as opposed to costs of managing and enforcing car parking

6. Unenforceable penalty clauses in civil contract

Don't you mean inadequate signage! LOL

1) UNCLEAR, INADEQUATE AND NON-COMPLIANT SIGNAGE

2) NO CONTRACT WITH THE LANDOWNER - NOT COMPLIANT WITH THE BPA CODE OF PRACTICE AND NO LEGAL STATUS TO OFFER PARKING OR ENFORCE CHARGES

3) NO CONTRACT WITH THE DRIVER

4) UNFAIR TERMS

5) NO PRE-ESTIMATE OF LOSS

spacey2012

1. Contract with landowners + right of audience to claim losses incurred by the landowner + the right to represent in audience of litigation of the person representing parking eye in relation to the actual landowner, does this court grant right of audience .

2. proof of claim not substantiated and failure to mitigate any claimed loss by failure to recommend arbitration.


3. ANPR - whether Admissible in any court as it does not meet VCA (vehicle certification agency) standards required by all local authorities to be presented as evidence when using ANPR equipment as evidential use in court, all statutory bodies using ANPR equipment must adhere to VCA protocol, does the court accept evidence from non approved devices as correct and what checks are in place by anyone to ensure this equipment is accurate as an instrument for the production of court evidence .

4. LBA -Practice Direction on Pre-action Conduct incorrectly administered.

5. Prove Actual loss incurred by submitting copies of certified accounts of the company equating to takings and actual expenses allowed by HMRC as running costs, no profit should exist where a loss is claimed

6. Unenforceable penalty clauses in contract law and incorrect application and joinder of a contract applied to a third party without consideration and acceptance by both actual parties of formulation of any contract, can a contract be administered from one party to another without due consent or sight of that contract by the third party.








Thats my take

spacey2012

If questioned on the ANPR, Judge Do you agree this is a picture of your vehicle at the site in the times questioned.

A: Your honour the driver may visit the site in question regularly so it is fair to say they may have many pictures of my vehicle at several times, my point is does this ANPR system hold absolute proof of the time and date in question and the timings they claim, local authorities who use similar equipment have it calibrated to a set of standards to the VCA protocol and this is seen as the minimum standards acceptable by local authorities claiming civil parking penalties, this is to ensure the equipment can not be tampered with and the information stored on that equipment is correctly timed and written in a unalterable time coded data format.
Is it not prudent or reasonable to expect a civil parking charge which is pursued via the court here today to adhere to the same accepted standards of evidence when using a data gathering ANPR camera system.

Traindriver4

Coupon-mad wrote: »

Hope the pm helped, good luck and do update us.

Thanks very much for your PM. I am done with the defence and will be sending it online after mulling over it again. 122 lines is the maximum I am allowed to make a defence, so I need to shorten it a bit.

I assume that having quoted various court cases and BPA code of practice etc, I would need to then print off from somewhere - the entire transcripts of these cases (court bundle) at the actual court hearing, if that happens. All this printing could then become quite expensive. I wonder ...

Traindriver4

Hello everyone. When PE goes to court claiming £165 (comprising £100 charge, £50 solicitors, £15 extras), if you lost at the hearing, is this the amount you will be asked to pay in total or could this figure increase? Does anyone know for sure? Thanks.

Stroma

It's highly unlikely to go higher than that, they I believe try for higher legal costs but I am not aware of any district judge giving them more. This is small claims and so everything is normally kept at what is on the claim form if you lose.

Do you have a case ongoing? Have you got help?

Umkomaas

Traindriver4 wrote: »

Hello everyone. When PE goes to court claiming £165 (comprising £100 charge, £50 solicitors, £15 extras), if you lost at the hearing, is this the amount you will be asked to pay in total or could this figure increase? Does anyone know for sure? Thanks.

A bit of travel costs on top. But they can't claim for their 'rent-a-mob' solicitor they send to represent them. So it shouldn't be too much more than that which you've quoted.

This is as I understand the situation. I'm sure someone will come along shortly and agree with above, or give additional advice.

HO87

If matters proceed to a formal hearing, which is what you're asking I think, then you stand to lose not only the £165 but added to that the hearing fee - another £25. However, without being able to predict the exact route to a hearing there is no precise means of calculating the cost.