PCN from UK CarPark Management UK CPM

Quentin

Well.....you should have done that when dealing with the lbc

Also now obviously concentrate on drafting your defence

#2 in the newbies faq thread does give the sequence you now need to follow

KeithP

alexwells wrote: »

Claim issue date was the 11th of April 2019 and I have completed the AoS today...

With a Claim Issue Date of 11th April, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 14th May 2019 to file your Defence.

That's nearly four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


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

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

You can still send a SAR (as well) but obviously have to defend as per the NEWBIES thread.

alexwells

Happy Easter to all, took me a few days to get around this but I have found a similar template that applies and changed a few points. Particular of claims in the form:

"The driver of the vehicle with reg XXXXX parked in breach of the terms of parking stipulated on the signage at CBX XXXXXX thus incurring the parking charge. The driver of the vehicle agreed to pay the PCN within 28days of issue, yet failed to do so.
The claimant claims the unpaid PCN from the Defendant as the driver/keeper of the vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS 100£ for the PCN, 60£ contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of 13.41£ pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, counting at 0.04£ per day."

My response

''
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 XXXXX, of which the Defendant is the registered keeper, was parked on the material date in a marked bay allocated to Company Ingram Micro at CBXII Building West on Midsummer Boulevard, and had a valid permit to be parked in that bay.

3. The Particulars of Claim state that the Defendant, XXXXXX, was the registered keeper and/or the driver of the vehicle Mercedes A-Class with registration number XXXXX. 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. Further to the previous statement, the Claimant also states that the “Driver” of the vehicle with registration XXXX agreed on payment of such PCN, therefore highlighting discrepancies between the alleged Owner of the vehicle and Driver of the vehicle.


5. 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.

6. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must display a valid permit at all times and with no clear marking on the parking bays UK CAR PARK MANAGEMENT LIMITED also fail to clearly highlight parking bays to its tenants.

7. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

8. The Claimant is put to strict proof that it has sufficient proprietary 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.

9. 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.

10. 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.

I believe the facts contained in this Defence are true.
"

as always very grateful for your help and support!

Coupon-mad

They merely state that vehicles must display a valid permit at all times and with no clear marking on the parking bays UK CAR PARK MANAGEMENT LIMITED also fail to clearly highlight parking bays to its tenants.

The above is wrong as UKCPM have no tenants. They are not the landowner.

And in the facts paragraph 2, add that the permit was displayed but the Claimant has skewed the angles of their photographs to suggest disingenuously that on this one occasion, they 'couldn't read' the permit the operative had seen displayed every day for x months/years and knew full well was valid, and could see through the windscreen. Thus, there was no contravention of any stated terms and no agreement for the fully authorised permit-holder to pay £100 penalty.

alexwells

Thanks Coupon-Mad and hope you enjoyed the easter break!

Do I simply replace tenants with customer or other? Or remove the whole sentence?

Really good point for paragraph 2, really clever to word it that way as well.

Many thanks,

KeithP

alexwells wrote: »

Do I simply replace tenants with customer or other? Or remove the whole sentence?

Perhaps just remove the words "to its tenants".

alexwells

Thanks KeithP, with this last change I am now ready to submit! #nervous

alexwells

Evening Keith!
I think this should be my last question here :rotfl: (not a chance xD) but as we have completed almost everything, I have received a copy of their directions questionnaire from gladstones and thought at this point I might as well download and complete mine as I've not received one in the post.
However where do I send it to? The document actually says "once completed send to the address shown on the form N149A", but which one is that, is it the same I used to send my defence then to the Northamptonshire County Court?
Do I also send it to Gladstones?
I have read the "Court Claim Procedure" and it does mention to send it to both but I just wanted to double check on that since I am downloading my questionnaire and I was expecting one in the post.

plus, on the questionnaire I don't understand the first paragraph of section D1, I read from the claimant "pursuant to PD27 (2.4) see request for special direction and N159. If the defendant does not consent - Claimant's home court"

Obviously I will object but I was wondering what they refer to PD27 and N159.

Thanks again!

KeithP

Once completed send it to the CCBC in the same manner and to the same email address that you sent your Defence.
Refresh your memory by re-reading post #23 above.

Send a copy to the Claimant - address on your Claim Form.

I'm not going to read the Questionnaire, but the answer to D1 is - your local court.

Both PD27 and N159 are googleable.

N159 is about small claims with no hearing so is irrelevant.