Northampton Claim Form Received Defence Support

Eggs75

Hello well after 3 months of silence from Miah Solicitors I have finally received a claim form from Northampton Court for the PCN, previous details, support and correspondence on the link. I have started this new thread as recommended in the newbies thread, to confirm my proposed defence and request support from anyone willing to support.


https://forums.moneysavingexpert.com/discussion/comment/73624670#Comment_73624670


proposed defence below, I have saved it in the recommended font and applied suggested spacing etc. I have amended a defence version supplied and added the relevant details. Any amendments or suggestions would be much appreciated




IN THE COUNTY COURT BETWEEN:


MIAH SOLICITORS !!!8211; CLAIMANT


AND


XXXX- DEFENDANT


CLAIM NUMBER !!!8211; XXXXX

DEFENCE STATEMENT

In relation to the above claim number I confirm that I am not liable for the total or any sum issued by the claimant. The reasons for not being liable are detailed below:-





1. It is acknowledged that I the defendant, xxx, residing at xxx is the registered keeper of the vehicle.





2. It is denied that any "parking charges or indemnity costs" as stated on the Particulars of claim are owed and any debt is denied in its entirety. The date of the alleged incident is 07/07/2017





3. The claim form itself is vague and lacks pertinent information as to the grounds for the claimant!!!8217;s case. The particulars of claim merely provide a date, due date, and an "amount" consisting of a completely unsubstantiated and inflated sum, vaguely and incoherently presented by the claimant's solicitors.





4. The Claimants solicitors are known to be a multiple issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action.



5. I am yet to have knowledge of all documents provided to the court in support of the application, despite sending a request to the claimant's solicitors on 28/12/2017.


Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant (if any debt exists, which is denied) would be the landowner. Strict proof is required that there is a chain of contracts leading from the landowner to UKCPS, and no proof has been provided.





6. On receipt of the Letter before claim I requested the Claimant!!!8217;s solicitor provide me with the necessary information I requested in order to defend myself against the alleged debt, to date I have not received the requested information.


They did not send me a Letter before Action that complied with the Practice direction on pre-action conduct. The Letter before Action can be seen to miss the following information


1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 !!!8220;establishing yourself as the creditor!!!8221;
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form



7. I suggest that parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support.



8. The alleged debt as described in the claim are unenforceable penalties, being just the sort of unconscionable charges exposed as offending against the penalty rule, in ParkingEye Ltd v Beavis.







10. It is submitted that (apart from properly incurred court fees) any added legal fees/costs are simply made up numbers which I feel are unjustified, and are an attempt at double recovery by the Claimant, which would not be recoverable in the small claims court.


11. It is denied that there was any 'relevant obligation' or 'relevant contract' relating to any single parking event




I believe the facts stated in this defence are true


.


XXXX Name of Defendant

KeithP

Is this now the third thread on the same incident?

If so, can I suggest you get a board guide to merge your three threads?

Send a PM to either Crabman, savvy or soolin.


Edit: I've now noticed one of those older threads is already marked as a duplicate, so only two threads need merging.

Lamilad

Miah solicitors are not the claimant, the parking company is - UKCPS acording to your defence.

Is everything stated in that defence true and applicable to your case or have you just copied and pasted it from another thread?

Eggs75

Request to link submitted thanks Keith

Eggs75

Lamilad, thanks for reply I have updated with all relevant to my case, copied full version from word!!! need to update Miah Sols to UKCPS thanks

The_Deep

How much are they asking for?

We have had a lot of claims from this firm in the past, but none recently. One of their Associates was Mr Ian Brill, who was involved in a boiler room scam and fined a lot of money.

There have been several complaints about them to the SRA, mainly for asking for too much money, see if you have cause to add to them.

Is the claim form fully compliant with with the CPRs which were revised wef 1 October 2017? I doubt that it is.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Eggs75

On the UKCPS correspondence they are requesting £150.00
On the Court Claim form Amount claimed is listed as £110.00 with no explanation for the difference?


they have not provided any of the following detail which has been requested on 2 occasions based on reading threads


1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 !!!8220;establishing yourself as the creditor!!!8221;
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form


I will write to Local MP today and add weight to the cause against the company. Excellent to hear the challenges on the video link being put forward and can only hope for all out there that something has been done to resolve their dodgy practices! I can understand why so many people simply opt to pay the fines, as even knowing that they can be challenged with an excellent success rate and with the level of detail providing on this and other sites the whole process can be simply overbearing so easier to pay than draft everything to respond to these scammers! I am still swaying over progressing with family members telling me just to pay it but having come so far and reading all the details and how unscrupulous these companies are driving me to stick fingers up to them!


Thanks for your response

Coupon-mad

DEFENCE STATEMENT

should be DEFENCE

and throughout, change all your 'me' and 'I' to the Defendant. Like you see in all the other defences here. And I don't think a list of questions is useful in a defence, so do read some more examples:

1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 !!!8220;establishing yourself as the creditor!!!8221;
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form