County court claim form

purplegems

Hi there I have read through newbies thread and it says to start a new thread if it has got to this stage.
So I received a claim form issued 24th October for £238.45 for a PCN I have ignored up until now.
It was sent to the owner (myself ) for the driver to pay.
Accusing the driver of parking in a No parking on road way or footpath area.
We were visiting friends in London in a gated complex on a Sunday with zero spaces left in parking bays so we parked across their driveway obstructing only their car which they of course told us to.
They did this often and hadn’t received tickets etc. Nothing came on the windscreen Just a postal PCN a few weeks later which was followed by a solicitors letter from Ultimate customer solutions. Original PCN issued by London parking solutions.
I have acknowledged the county court claim and now I need to get the defence right.
Am I correct that only the land owner can persue this and they have no legs to stand on due to the sign saying NO PARKING ON ROAD WAY OR FOOTPATH AT ANY TIME?
Any help much appreciated.
Thanks

System

NO PARKING ON ROAD WAY OR FOOTPATH AT ANY TIME?

Search for "forbidding" contracts.

LPS or even the landowner is not making any offer/contract so the driver (who should remain unknown) had no contract to breach. So the interpretation of this would be the driver was a trespasser and so only the landowner could take action.

purplegems

When I searched forbidding contracts it just came up with my post!
If I’m writing a defence is this all I need to write? Do I need to bother requesting evidence/ pictures etc or where the car was parked? Pictures of their signage?

KeithP

When I search forbidding contracts it comes up with 100 posts.

Are you perhaps just searching your thread?

Go back to the index page and use the Search this Forum button.
Enter forbidding contracts, choose Show Posts and you too should see 100 posts.

Evidence, pictures, etc comes later - at Witness Statement stage.

The defence statement is just words.

Umkomaas

Have you specifically read the NEWBIES FAQ sticky, post #2, which deals with the whole court process from LBA to the court hearing.

Please note - if you’ve just skim-read it, it’s not enough.

purplegems

I have read it, infact I’ve spent hours this last week reading this forum, and many articles on google etc, and feel I have a good defence, I’m just unsure how to word it and how much to include and would be so grateful for any help, but that sticky post does say to form a new thread if it has got to a county court claim. Mine is not a letter before action (I don’t think) it’s an actual claim. Am I allowed to post a picture of it on here? And pictures of the signs for people to help me out ?

Umkomaas

purplegems wrote: »

I have read it, infact I’ve spent hours this last week reading this forum, and many articles on google etc, and feel I have a good defence, I’m just unsure how to word it and how much to include and would be so grateful for any help, but that sticky post does say to form a new thread if it has got to a county court claim. Mine is not a letter before action (I don’t think) it’s an actual claim. Am I allowed to post a picture of it on here? And pictures of the signs for people to help me out ?

You’re going to have to come up with a first draft of your own and we will advise from there. Read other defences of which there are many across the forum and use appropriate sections to form the basis of your own. No one will do a first draft for you.

Mine is not a letter before action (I don’t think) it’s an actual claim.

You seem uncertain. Has it been sent from the Northampton (CCBC) with a depiction of a court seal showing - like this one:

Loadsofchildren123

Check with the Highways Dept of the local authority if they have adopted the road. If they have the PoC has no rights.

purplegems

Yes it’s like that but not blue. Just white!

purplegems

Should there have been something before this ie a letter before claim? I only had a PCN via post, then a solicitors letter, then this.

KeithP

You mention a solicitor's letter.

Was that perhaps a letter before claim?