minster baywatch

debs.c

just acknowledged the claim form. defence draft and photos to follow asap. thanks

Coupon-mad

Good stuff, we will help even if you show a basic defence, we will have something to work with.

debs.c

ok, it wil b a local court wont it?

Coupon-mad

Yes, your nearest. And it is never certain to actually go to a hearing - a claim does not always end up in court, loads are ended early. Some firms discontinue when they see a forum defence. Trust us, we will help you.

debs.c

i do, thanx, heres my defence letter....

Dear Sir,

Re: Claim no. C8GF17FK
– Claimant, Minster Baywatch
– Defendant,


Further to the Claim Form issued on 29.12.2016 from County Court Business Centre. I would like to defend my case on the following points:

1) The first letter received by me for payment of parking charges totalling £100.00 was received on 13.08.2015. The alleged parking offence however, occurred on 23/06/2015. This has now reached the misappropriate amount of £239.25. Following this, the Claimant's increasingly demanding letters and the Notice to Keeper (postal 'PCN') failed to give the statutory warning to the registered keeper about the '28 day period' which is mandatory wording as prescribed in paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012.

2) I immediately responded by email on (attached) 13.08.1961 to state that no initial letter was received by me offering payment of £60. The response from Minster Baywatch, on 14.08.2015 (attached) states that I would receive a reply by email within 10 working days. The Claimant did not respond. No reply was therefore no explanation of my appeal decision or any further instruction. Due to this lack or reply I suggest that no legal contract ever existed due to a breakdown in communication.

3) As the keeper of the Motability vehicle I ask further my defence and would like to explain how this parking offence occurred. This is a local cinema car park. I attended on 23/06/2015, and as I was buying my ticket a lady drew my attention to the new parking system. She could see that as a wheelchair user I would be unable to reach the iPad which is mounted too high up. (photograph enclosed). To assist me she inserted my car registration number into the machine. However, a mistake was made and the registration number was entered incorrectly facilitating the parking offence. I was not aware of this at the time. I would like to state that the BPA Code of Practice 2012 - Version 6, October 2015 says that ‘providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people. 27.2 ‘Reasonable adjustments’ to prevent discrimination could include lowered payment machines. This has no been adhered to on this occasion and in not doing so is a breach of the Equality Act 2010 which states ‘harmonising the thresholds for the duty to make reasonable adjustments for disabled people In addition to your basic rights as a consumer

4) My final point is to respectfully bring your attention to The Law Reform(Frustrated Contracts) Act 1943. which sates 1.(1) money due but not paid before frustration ceases to be payable. Due to "frustration of contract" where matters outside my control means that the contract was never made. As the supplier made it impractical to execute independently, I Therefore, ask for the contract to be terminated, as,” a contract may be discharged on the ground of frustration The unforeseeable frustration brings a contract to an end “forthwith, without more and automatically”. I suggest that contracts are being procesed with the assumption that ‘one case fits all’, this is not the case. Pressing this case will be embarrassing for me, the defendant. On this occasion I ask the court to use its case management powers under CPR Part 3 to strike out the claim by discharging myself from performing the duties in the contract independently.
I also attach a copy of my blue disabled driver badge as the keeper of the vehicle.
I hope this letter will help you make an informed decision.
............i need a cuppa

Coupon-mad

We will find you more to add to that but in the meantime, remove your name from it here in that post (open forum - no real names!).

debs.c

oh great, ok soz thought i had, must have just removed my address

Coupon-mad

I also attach a copy of my blue disabled driver badge as the keeper of the vehicle.
I hope this letter will help you make an informed decision.

Remove this (above) because the courts will not make a decision merely based on this initial defence, there are other stages yet and you will have to attend a hearing.

Anyway, your defence is a good start. And not dissimilar to this one, written by bargepole for a specific issue of a faulty machine (Claimant was PCN (NW) using CSB Solicitors LTD):

https://www.dropbox.com/s/dykc9qeqd271y7p/PCG_Defence1.docx?dl=0

This was the case in question: https://forums.moneysavingexpert.com/discussion/5340304

...but the defence was specific to a faulty P&D machine so should not to be used as a template for other cases where different circumstances are likely to apply.

BUT, yours could be adapted to include some of that and it shows you how it should look.

debs.c

is this better?

IN THE COUNTY COURT
Claim No.:
Between
Minster Baywatch Ltd
(Claimant)
-and-
[YOUR NAME]
(Defendant)
_____________________________________________________________________
DEFENCE STATEMENT


Further to the Claim Form issued on 29.12.2016 from County Court Business Centre. I would like to defend my case on the following points:

1) The first letter received by me for payment of parking charges totalling £100.00 was received on 13.08.2015. The alleged parking offence however, occurred on 23/06/2015. This has now reached the misappropriate amount of £239.25 by adding the Claimants representation of £50 which has not actually been incurred by the Client but fabricated for the purpose of the Small Claims Court rules of double recovery. Following this, the Claimant's increasingly demanding letters and the Notice to Keeper (postal 'PCN') failed to give the statutory warning to the registered keeper about the '28 day period' which is mandatory wording as prescribed in paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012.

2) I immediately responded by email on (attached) 13.08.1961 to state that no initial letter was received by me offering payment of £60. The response from Minster Baywatch, on 14.08.2015 (attached) states that I would receive a reply by email within 10 working days. The Claimant did not respond. No reply was therefore no explanation of my appeal decision or any further instruction. Due to this lack or reply I suggest that no legal contract ever existed due to a breakdown in communication.

3) As the keeper of the Motability vehicle I ask to further my defence and would like to explain how this parking offence occurred. This is a local cinema car park. I attended on 23/06/2015, and as I was buying my ticket a lady drew my attention to the new parking system. She could see that as a wheelchair user I would be unable to reach the iPad which is mounted too high up. (photograph enclosed). To assist me she inserted my car registration number into the machine. However, a mistake was made and the registration number was entered incorrectly facilitating the parking offence. I was not aware of this at the time. I would like to state that the BPA Code of Practice 2012 - Version 6, October 2015 says that ‘providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people. 27.2 ‘Reasonable adjustments’ to prevent discrimination could include lowered payment machines. This has no been adhered to on this occasion and in not doing so is a breach of the Equality Act 2010 which states ‘harmonising the thresholds for the duty to make reasonable adjustments for disabled people In addition to your basic rights as a consumer
4) My final point is to respectfully bring your attention to, The Law Reform (Frustrated Contracts) Act 1943. which sates 1.(1) money due but not paid before frustration ceases to be payable. Due to "frustration of contract" where matters outside my control means that the contract was never made. As the supplier made it impractical to execute for reasons beyond my control. In Jolley v Carmel Ltd [2000] 2 EGLR 154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms.
5) I Therefore, ask for the contract to be terminated, as,” a contract may be discharged on the ground of frustration. The unforeseeable frustration brings a contract to an end “forthwith, without more and automatically”. I suggest that contracts are being processed with the assumption that ‘one case fits all’, this is not the case. Pressing this case will be embarrassing for me, the defendant. On this occasion I ask the court to use its case management powers under CPR Part 3 to strike out the claim by discharging myself from performing the duties in the contract independently.

I believe the facts stated in this Defence Statement are true.

…………………………………. …………………………………
(Defendant) (Date)

debs.c

not sure why it didnt copy in double spacing? got the photos now that prove i couldnt reach the machine.