Defence against PCM

slick490

Hi all,
I am now at the stage of formulating my defence against PCM. I would like to add in my defence (if relevant) that the signs posted at the site now are newly put up. When I parked and made my apparent "offence" :T the signs were not present at the time. The new signs however are obstructed by a tree against the lamppost and I was wondering if I would be able to add that in my defence.

"1. I am the Defendant, xxxxx, DOB xx/xx/xxxx, and reside at xxxxxxxxx

2. Save as specifically admitted in this defence the Defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre action correspondence.

3. The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16 and practice direction 16 7.5. In this regard I wish to draw the Courts attention to the following matters;

(a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the any agreement. the method the Claimant calculated any outstanding sums due, how they became due, or any other matters necessary to substantiate the Claimant's claim.

(b) The over riding objective of the CPRs dictates that the case should be handled at a proportionate cost. The defendant recognises this duty and refrains from making an application for summary judgement at a cost which exceeds the claims value but asks the court to strike the claim out under it’s powers, of it’s own motion as several Judges across the country have already done.

4. The defendant was the registered keeper on the material dates. The claimant is put to strict proof of who was driving.

5. The claimants notice to keepers do not comply with the protection of freedoms act 2012 schedule 4 paragraph 8 including but not limited to 2(f).

6. The signs used by the claimant cannot constitute a contract as they are prohibitive or forbidding and do not have the necessary requirements of a contract, offer, acceptance and consideration. The supreme court stated in Parking Eye v Beavis that only the land owner/occupier could sue for trespass.

7. The signs are not clear, prominent and legible as per Parking Eye v Beavis. They cannot create a contract. The charge is buried in the small print and is an unfair term. The signs were sparse.

8. The signs attempt to create a distance contract but are unenforceable as they do not contain the correct cancellation information required by the Consumer Contracts (Information, Cancellation And Additional Charges) Regulations 2013.

9. The claimant is put to strict proof that they are entitled to £239.28 plus interest as claimed.

10. It is denied that any contract was entered in to between myself and the claimant or that I have any liability in this matter.

11. Should the claimants try to make a case via witness statement I request the claim is adjourned at the claimants expense to enable a full particularised defence to be entered.

Statement of Truth

I believe that the facts stated in this Defence are true."

I would like to add pictures to this post but I am unsure on how to do so, as a new user I am not allowed to post links but I have made a TinyPic url for the pictures. Please let me know how I can post these pictures if it will make things more clear.
I would appreciate all the help I can get. Thank you in advance!

System

Location? PCM operate a number of hot spots with very dodgy signs as this is the only way they can get paid.

Or use the search box for the location and see what comes up.

slick490

Hi all,
The location is Salisbury Village. I would post up my claims form but im not sure how to do it.
Thanks !

slick490

[IMG]hxxp://i67.tinypic.com/2da100y.jpg[/IMG]
[IMG]hxxp://i63.tinypic.com/25tc76w.jpg[/IMG]
[IMG]hxxp://i65.tinypic.com/o76kw3.jpg[/IMG]

If a member that's able to change these into links could do so, it would be much appreciated. Thanks

Coupon-mad

Spot the sign - anyone?:

http://tinypic.com/view.php?pic=o76kw3&s=9#.WUgO-GjyvIU

http://tinypic.com/view.php?pic=25tc76w&s=9#.WUgPJWjyvIU

http://tinypic.com/view.php?pic=2da100y&s=9#.WUgPQWjyvIU

I haven't shown your claim form as it is standard drivel, and you forgot to cover your MCOL password!

slick490

WHOOPS heres the claim form without the password!
[IMG]hxxp://i66.tinypic.com/t6xr3t.png[/IMG]

slick490

Can someone help me with this defence then... I would like to know if I can add the obstruction as evidence and the fact that the signs were not placed when I was parked there last!

Coupon-mad

Yes add it. Very relevant:

I would like to add in my defence (if relevant) that the signs posted at the site now are newly put up. When I parked and made my apparent "offence" the signs were not present at the time. The new signs however are obstructed by a tree against the lamppost and I was wondering if I would be able to add that in my defence.

slick490

any chance you can help me with how I would go about wording that in my defence? I have to submit my defence on the 20th

Coupon-mad

Same as you said there, just changing 'I' to 'the driver'.

slick490

Thank you!!!