Total parking solutions/ ie legal solicitors

miladm1067

the County Court Business Centre
Claim Number: ___

Between:

tps v ___

Defence!Statement

I am ___, the defendant in this matter and registered keeper of vehicle ___. I currently reside at ____.




Paragraph 1


I am defending this as the admitted driver and I deny I am liable for the entirety of the claim for each of the following reasons:
intend to defend any claim and I advise that the claimant withdraws at this early stage, before costs are incurred in defending a claim against me as registered keeper. I believe any claim by TPS is misguided, baseless and will no doubt fail.

Paragraph 2


Due to my local knowledge of the area and having inspected the signs at the location stated before responding to your letter, I am aware that whilst the signage is displayed at the location in question, the placement of such signs is not only sporadic and affected by foliage around them but the terms are illegible from a driving seat. The signage is, therefore, incapable of creating any contractual liability on the part of any driver, as any supposed contractual terms are void for uncertainty.


There is no offering of parking, therefore there was no contractual agreement between the driver (me) and TPS.

Paragraph 3

TPS are trying to claim nearly a thousand pounds in total for seven parking events at 60 pound each. The recoverable amount is 445.

The Claimant has added unrecoverable sums to the original parking charge. It is believed that the employee who drew up the paperwork is remunerated and the particulars of claim are templates, so it is simply not credible that £50 'legal representative’s (or even admin) costs' were incurred. I deny the Claimant is entitled to any interest whatsoever. In each demand, the claimant has included an addition in costs/administrative charges which are not defined in any contractual document. It is my strong belief that the claimants additional costs are arbitrary, unsupported and are clearly an attempt at double recovery,

Paragraph 4

The claimant needs to be aware of several recent cases where the Judges ruled Elliott v Loake as not relevant or applicable, including Excel v Mr C C8DP37F1 Stockport 31/10/2016, and Excel v Mr B C7DP8F83 at Sheffield 14/12/2016. Further, Excel v Lamoureux at Skipton C3DP56Q5 involved three unreasonable claims in which DJ Skalskyj-Reynolds examined the Parking Operator's NTK and found that it did not comply with the POFA. The claimant was warned not to bring further baseless non-POFA cases to that Court and were forced to discontinue the final troublesome claim

Paragraph 5
The lack of evidence provided in the particulars of claim do not show the alleged overstay of over 20 minutes in a drop off area. The particulars of claim also do not show clear pictures of the sign and car.

Paragraph 6


If the claimant will not withdraw, then I ask for your response to the matters above and for the following documents:


i. The contract (or chain of contracts) between the claimant and the site landowner - not a site agent or other non-landholder - giving the claimant authority to carry out parking management and on what terms;

ii. Any and all photographs taken of my car on the material dates;

iii. A copy of any document your client asserts sets out the terms of the alleged contract between it and a driver (this may be the same as iv below);

iv. A copy of the signs on display and a dated plan of where in the car park they were displayed on those dates;

v. A map showing the boundary within the site, purportedly operated by TPS., as opposed to the other parking operators also operating at this location.


These are core documents, central to the claimants claim. As such, they are documents which are required to have been produced at an early stage (regardless of whether or not I asked for them) in this pre-action phase, pursuant to paragraph 6 of the Practice Direction – Pre-Action Conduct. I would have expected at the very least, that the contract requested under iii above should have been appended to the Letter Before Claim. I am requesting these documents because I clearly require them in order to be able to prepare a proper defence to any Claim and/or a meaningful POPLA appeal, as is my entitlement. The CPR clearly anticipate an early exchange of information, as per paragraph 6 of the Practice Direction – Pre-Action Conduct, Rule 16 and Practice Direction 16 – any failure to produce the information I have asked for will be nothing other than a deliberate attempt to frustrate my ability to defend the claim and a failure to comply with pre-action obligations.

miladm1067

Thank you. I will upload my final defence to them by the 3rd

miladm1067

anymore suggestions pls?

miladm1067

thank you for the help. will submit def tomorrow

nosferatu1001

(I post as nosferatu1001 on pepipoo, only just registered here as I thought this needed adding urgently)

You are defending as the admitted driver, yet you have still referenced EvL, non-POFA NtKs etc. These are all utterly irrelevant. Para 4 can be thrown.

You appear to be mixing up a defence, whcih is addressed to the courts, and some sort of response to a Letter before action. You have a court claim. You dont ask THE COURT to provide you with documents - which is what you are doing in para 6.
I really have no idea how its gotten this far in this state,

Para 6 - remove it entirely. It has NO place in a defence. Delete it.

Para 3 - put the claimant to strict proof that every additional charge, cost etc was a) apparent on the signage in explicit mounts, b) invoiced and c) actually paid. Otherwise it is a clear attempt at double recovery and a balatant attempt to inflate the claim to get around the strict cost limits imposed by the small claims track

You have missed obvious grounds: you need to challenge their locus standii to even bring the claim. THats why in 6 you ask for a contract or chain of contracts showing they have the right to ofer parkign at all, and to bring claims IN THEIR OWN name and not as you have reaosnable belief, a mere agent with no rights to submit claims to court on land they dont own or have any interest in.

You need a new para, pra 2, where you assert that their Particulars of CLaim are deficient, fail to meet the requirements of the Practice Directions as a copy of the Contract was not included, nor sufficient detail to establish the cause of action against the defendant. You ask the court, as apreliminary matter, to use their case management powers to strike the claim for failure to please Particulars of CLaim that meet Pracice Directions and the Civil Procedure Rules, or else to Order the Claimant to provide Further and Better Particulars of Claim. In the latter you ask for leave to file an amended defence.


Para 6 - that goes as a part 31 request to the Claimants Solicitors. It is NOT part of your defence.

miladm1067

My defence is due tomorrow so will make changes and upload tonight

miladm1067

i know this is no where near good enough, but due to lack of time this is what i am sending.

the County Court Business Centre
Claim Number: ___

Between:

tps v ___

Defence!Statement

I am ___, the defendant in this matter and registered keeper of vehicle ___. I currently reside at ____.




Paragraph 1


I am defending this as the admitted driver and I deny I am liable for the entirety of the claim for each of the following reasons:
intend to defend any claim and I advise that the claimant withdraws at this early stage, before costs are incurred in defending a claim against me as registered keeper. I believe any claim by TPS is misguided, baseless and will no doubt fail. The Particulars of claim is deficient, and fails to meet the requirement of the Practise Directions as a copy of the contract was not included, nor sufficient detail to establish the cause of action against the defendant. I ask the court, as a preliminary matter, to use your case management powers to strike the claim for failure to please Particulars of Claim that meet practice directions and the Civil Procedure Rules, or else to order the Claimant to provide further and better particulars of claim. In latter I ask for leave to file an amended defence.

Paragraph 2


Due to my local knowledge of the area and having inspected the signs at the location stated before responding to your letter, I am aware that whilst the signage is displayed at the location in question, the placement of such signs is not only sporadic and affected by foliage around them but the terms are illegible from a driving seat. The signage is, therefore, incapable of creating any contractual liability on the part of any driver, as any supposed contractual terms are void for uncertainty.


There is no offering of parking, therefore there was no contractual agreement between the driver (me) and TPS.

Paragraph 3

TPS are trying to claim nearly a thousand pounds in total for seven parking events at 60 pound each. The recoverable amount is 445.

The Claimant has added unrecoverable sums to the original parking charge. It is believed that the employee who drew up the paperwork is remunerated and the particulars of claim are templates, so it is simply not credible that £50 'legal representative’s (or even admin) costs' were incurred. I deny the Claimant is entitled to any interest whatsoever. In each demand, the claimant has included an addition in costs/administrative charges which are not defined in any contractual document. It is my strong belief that the claimants additional costs are arbitrary, unsupported and are clearly an attempt at double recovery. There is no strict proof that every additional charge, was apparent on the signage in explicit mounts, invoiced and paid. This shows a clear attempt at double recovery and a blatant attempt to inflate the claim to get around the strict cost limits imposed by the small claims track.


Paragraph 4
The lack of evidence provided in the particulars of claim do not show the alleged overstay of over 20 minutes in a drop off area. The particulars of claim also do not show clear pictures of the sign and car.

Paragraph 5


If the claimant will not withdraw, then I ask for your response to the matters above and for the following documents:


i. The contract (or chain of contracts) between the claimant and the site landowner - not a site agent or other non-landholder - giving the claimant authority to carry out parking management and on what terms;

ii. Any and all photographs taken of my car on the material dates;

iii. A copy of any document your client asserts sets out the terms of the alleged contract between it and a driver (this may be the same as iv below);

iv. A copy of the signs on display and a dated plan of where in the car park they were displayed on those dates;

v. A map showing the boundary within the site, purportedly operated by TPS., as opposed to the other parking operators also operating at this location.

Paragraph 6
I am challenging the locus standii to even bring the claim. I am requesting the claimant to reveal their chain of contracts showing they have the right to offer parking at all and to bring claims in their own name and not as a mere agent with no rights to submit claims to court on land they do not own or have interest in.

miladm1067

How do i submit def?

miladm1067

can anyone help?

miladm1067

I sent to this email ccbcaq@hmcts.gsi.gov.uk