First Parking PCN

Coupon-mad

Yes you can save that detail until witness statement stage.  

zipadee

I want to get this defence submitted today so based on everyone's helpful comments, this is the final draft. I have renumbered all the other paragraphs in the standard template. I  will use the detailed version at witness stage. Thanks

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

3.       The Defendant understands that the PCN relates to a residential car park for users living in University accommodation. The accommodation is spread out and can be a significant distance from the car park. The Defendant also understands that the car park is used by visitors and residents to unload heavy items to be transported to the residential accommodation as there is no other means to do this. Reference to ‘ Jopson V Home Guard Services, appeal case number B9GF0A9E on 29/09/2016’ where it was deemed unloading is not parking.

4.       The Defendant also understands, from correspondence with the University, that the car park operates a grace period of 30 mins for parking. The Defendant also notes that First Parking did not operate an ANPR system, so is unable to provide evidence of when the vehicle entered and left the car park. First Parking has provided a photo of the parked vehicle but has not provided photos that confirm that the vehicle was parked for longer than the grace period.

5.       The claimant has provided a copy of the ‘Non-Landowner Parking Enforcement Services Agreement’. The service agreement provided is not with the landowner and does not meet the requirements of the Companies Act 2006 Sections 43 and 44, neither of the signatures to the alleged agreement have been dated, nor are either of the signatories authorised to sign a contract on behalf of the landowner with an unregulated third party, First Parking.

6.       The service agreement provided by the claimant clearly states that it is not between the claimant and the landowner. It has been redacted which is unacceptable as determined in the persuasive Appeal Court judgment in Hancock vs Promontoria, case number C60LV727.
The claimant is put to strict proof that it has a contract with the landowner to operate on the site.

zipadee

Is the easiest way to print the whole word document, sign last page and scan the whole document or can I get away with saving the word document as a PDF and then only printing the last page, signing it and scanning that and sending along with the PDF of the whole document ?

Thanks

Coupon-mad

At the final step, use a free PDF merger tool so it becomes one document.

1505grandad

Para 6  -  I believe the title and case number is:- 

"Hancock v Promontoria (Chestnut) Limited [2020] EWCA Civ 907"

Redx

zipadee said:

Is the easiest way to print the whole word document, sign last page and scan the whole document or can I get away with saving the word document as a PDF and then only printing the last page, signing it and scanning that and sending along with the PDF of the whole document ?

Thanks

Or just add a digital signature into the pdf by scanning or photographing your signature on white paper , using black ink , and adding or merging it into the pdf document

SayNoToPCN

As above. take a photo of your signature, and add it as a picture. Results in a smaller PDF as well.
For 4, it owuld beg the question - arte you denying the vehicle was there for more than 30 min? If so, you havent said so. 

zipadee

I submitted my defence on 5th April and received acknowledgement.from CCBCAQ. I have not had a Directions Questionnaire from either the claimant or CCBC. Should I wait to get a DQ from CCBC or should I download one as per the instructions in Keith P's 'Submitting your defence' section. Thanks

Redx

Download it and fill it in , then wait

 keep checking the MCOL website and your claim history , email it after you can see they posted a paper copy to you , not before , if necessary , email it after the paper copy arrives

zipadee

I have today received an email from DCBLegal that their client intends to proceed with the claim. They have sent their Directions Questionnaire.  I have downloaded the N180 DQ from the website and have filled out. There is a box at the top next to the claim number box, which says "In The". Can anyone confirm what should go in there. Is it my local County Court ? On the claimants DQ they have entered "the County Court Business Centre" in this box,

I will sign and email a copy to the court  (using CCBCAQ@justice.gov.uk email) and also the claimant. Should I just send it to the person who emailed me today from DCBL or use a generic email address for DCBL ?

A bit disappointing that they are following through with the claim but will try and prepare to myself for that eventuality.
Thanks