Defence - comments and advice please!

Badger18

Thanks Castle. Seems I missed an important piece of info while I've been researching this and putting together my defence, very frustrating!

I'm thinking I'll still include these points (section 4) but just take out the references to BPA...

Badger18

I've changed section 4 now so that it refers to IPC, not BPA:

4.1) In the car park in which the alleged incident occurred there are no entrance signs for the regular entry that meet IPC's Code of Practice. Signs in this car park are not prominent, clear or legible from all parking spaces.

IPC's Code of Practice (Part E) states:

"Entrance signs should:

a) !Make it clear that the motorist is entering onto private land !!!8232;b) !Refer the motorist to the signs within the car park which display the full terms and conditions
c) Identify yourself (where you are a limited company. This should be by reference to your full company name, your company number and the jurisdiction within which your company is registered)."


IPC's Code of Practice (Part E) states:

"You must adequately display any signs intended to form the basis of contract between the creditor and the driver.
!!!8232;Such signs must:!!!8232;1) Identify yourself as !!!8216;the Creditor!!!8217;;
2) Identify the amount of any charge and explain when it becomes payable;!!!8232;3) Advise drivers that if a charge remains unpaid for a period of 28 days after issue then an application will be made for the Keeper!!!8217;s details from DVLA, or, that they may be requested immediately such that a notice may be served on the keeper by post;!!!8232;
4) Be clearly legible and placed in such a position (or positions) such that a driver of a vehicle is able to see them clearly upon entering the site or parking a vehicle within the site;!!!8232;
5) Have clear and intelligible wording and be designed such that it is clear to the reasonable driver that he is entering into a contract with the creditor or committing a trespass as the case may be;
!!!8232;6) Contain text appropriate to the position of the sign and the relative position of the person who it is aimed at.
!!!8232;7) Be of a colour scheme that provides good contrast between the background of the sign and the text upon it.


IPC's Code of Practice (Part E) states:

"The size of text on a sign will be determined by a number of factors such as the position of it, to whom it is aimed and the information that it needs to convey. Text should be of such a size and in a font that can be easily read by a motorist having regard to the likely position of the motorist in relation to the sign."


IPC's Code of Practice (Part E) states:
!!!8232;"If parking enforcement takes place outside of daylight hours you should ensure that signs are illuminated or there is sufficient other lighting. You will need to ensure all signs are readable during the hours of enforcement as they form the legal basis of any charge."


When arriving at the car park in which the alleged incident occurred it is impossible for drivers to see and read, let alone understand, the terms and conditions the Defendant assumes it is claimed form an offer to the driver. Therefore, the driver was not aware of any offer and did not have a fair opportunity to read about any terms and conditions involving this charge and to accept any offer which was made.

4.2) The Defendant denies that there was any contract made between the driver and XXX. To draw on the basic guidelines of contract law for a contract to be effective the offer must be communicated. Therefore, there can be no acceptance of an agreement if the other person is without knowledge of the offer.

Coupon-mad

You don't need all those quotes from the IPC CoP at this stage (I see that as too much information for a defence). You can put the IPC CoP Part E - with relevant sections highlighted - into evidence which comes much later, with your WS.

All you need to say is that the operator has not complied with the IPC Code of Practice Part E, in terms of clear & prominent signs at the entrance and throughout the car park.

Loadsofchildren123

yes you can reference the parts of the ipc code, but don't quote from them, save that for your WS

Badger18

Thanks everyone for your help with my defence! I’m ready to send it. However, I can’t find which email address to send it to!!? Can anyone advise?
Thanks.

KeithP

Badger18 wrote: »

Thanks everyone for your help with my defence! I’m ready to send it. However, I can’t find which email address to send it to!!? Can anyone advise?
Thanks.

Why not?

I wrote this less than three hours ago:

When ready, your Defence should be filed via email as described here:

1) print your Defence
2) sign 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'.

Badger18

Thanks KeithP

I just found it online! But what I found is slightly different from yours

Claim responses and directions:

ccbcaq@hmcts.gsi.gov.uk

KeithP

Here's another post I wrote earlier:

forums.moneysavingexpert.com/showpost.php?p=74451367&postcount=17

Badger18

Brill. Thank you!

BloHar

I have recently received a Claim Form from Civil Enforcement Ltd relating to an alleged parking incident on 12th June 2017. I have completed the acknowledgement of service and I am preparing my defence.
The original Parking Charge Notice was sent on 11th July 2017 saying that I had parked in a particular car park from xx to xx on that day. It had two photos of my car being driven on an unidentified road with no date or time and no evidence of the location or signage.
I am aware that they should have contacted me within 14 days of the alleged incident
As I did not park in the car park in question I wrote back asking for evidence of my parking, as yet I have not received any evidence nor have I received any information regarding their terms and conditions which I have requested
They have told me that the terms and conditions are displayed in the car park but as I didn't enter the car park I haven't seen them
I have repeatedly asked for evidence but appear to get computer generated letters in response which do not address the question of evidence, appropriate display of signage or terms and conditions. When I tried to phone the number they gave me to get hard copies of their information documents all I got was a recorded message instructing me how to pay. I have been unable to speak to any one on either of their publicized lines
Also the Claim form was not signed by anyone just printed Civil Enforcement Ltd (Claimants Legal Representative}.
The sum they are claiming is £313.00 inflated from an original demand for £85.00 reduced to £40.00 if paid within 14 days
I am aware that the car park in question is managed by Civil Enforcement for a local hospital.
Should I make any comment in my defense statement about them not being the landowner?
I cannot understand why they persist in pursuing this a I do not see how they can use the photo of my car as evidence of me parking any where.
Any help and advice would be very much appreciated - thanks in advance