Parking Change Notice (Pictures Attached)

YDARB

The form has been signed by Simon Renshaw-Smith (Claimant) from VSC

Umkomaas

Are you now working on your defence, as, until your reply today, you've not been back to the thread in the past 12 days?

YDARB

I am. Its come at a difficult time. We have a baby who is 5 weeks old and with work, I am struggling to find time to get it done.

Umkomaas

YDARB wrote: »

I am. Its come at a difficult time. We have a baby who is 5 weeks old and with work, I am struggling to find time to get it done.

Have you seen the bargepole succinct example Defence? Bargepole is legally qualified and a very experience and successful Lay Representative in helping to defend private parking court cases.

Given your very busy schedule I'd look to use BP's example as the basis of your defence, making only marginal adjustments to relate it to your specific parking event.

https://forums.moneysavingexpert.com/showpost.php?p=74674865&postcount=24

Let us see your draft. Don't miss the deadline for submission

YDARB

Will do. Thank you

KeithP

With a Claim Issue Date of 30th August, and having done the AoS in a timely manner, you have until 4pm on Tuesday 2nd October 2018 to file your Defence.

That's nearly three weeks, but please don't leave it until the last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

YDARB

DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, appears to be parked on the material date on a public road, not on any yellow lines nor causing an obstruction.
3. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle.. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. Further and in the alternative, it is denied that the claimant!!!8217;s signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. The signage is attached to a gate and reads “By entering this private land you are entering into a contract with Vehicle Control Services” Vehicle registration XXXX has not entered past the gate and therefore is not entered into a contract with Vehicle Control Services.

6. The Claimant is put to strict proof that it has sufficient propietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

7. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

8. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4

Le_Kirk

I presume you will "top & tail" it exactly like Bargepole did in his example, especially the statement of truth.

YDARB

Yes of course

YDARB

Is this ok or do any bits need changing