Claim Form Received from County Court Business Centre- for private parking charge notice

Coupon-mad

They took 17 days to issue the NTK from the day of incident.

That's good if you word your defence as registered keeper and the driver was not implied or identified by an earlier appeal, etc. Look at defences that talk about a non-POFA NTK and 'no keeper liability'.

dejam

Hi Guys,
here's my first stab at the defence. I need to submit this by 20th Oct so would love some feedback.
thanks for all your help so far

IN THE COUNTY COURT BUSINESS CENTRE
Claim No.: #########

Between

UK CAR PARK MANAGEMENT LIMITED
(Claimant)

-and-


#############
(Defendant)

_________________________________________________________________________

DEFENCE
_________________________________________________________________________


I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons:

1. The defendant, Mr #########, residing at ############, at the time of the alleged infringement is the registered keeper of the vehicle registration marked ######## which is the subject of these proceedings.
2. It is denied that any 'parking charges’ are owed and any debt is denied in its entirety.
3. No enforceable contract offered at the time by claimant so no cause for action can have arisen.
4. No keeper liability so no cause for action against the defendant
5. The claimant has failed to show locus standi so the defendant does not believe they have a right to bring an action against anyone.

Statement of Truth: I confirm that the contents of this defence are true to the best of my knowledge and belief.



………………………………………………………. ………………………
(Defendant) (Date)

System

Why does it not say in unequivocal terms that you were not driving? And why does it not say that towards the top end.

Also take out anything you do not understand or can't argue such as a CPR 31.14 request. Did you read CPR 31.1 (2) before you sent it?

All the defence does is to get you to the next stage to allow you to check the facts such as their authority, the pics they have, and copies of the signs / paperwork. The whole case turns on these and you need to do the work after the defence goes in.

dejam

Hi, so I realised I went over the top with it for this stage so have edited it.
let me know ehat you think of this version.
thanks a lot in advance

dejam

Hi Guys,
thanks for all your support so far. much appreciated!
I have submitted the following defence.


'It is denied that any 'parking charges’ are owed and any debt is
denied in its entirety because no keeper liability so no cause for
action against the defendant. The claimant has failed to show
locus standi so the defendant does not believe they have a right
to bring an action against anyone. No enforceable contract offered
at the time by claimant so no cause for action can have arisen.'

dejam

Hi Guys,
Since I have posted the defence, I had the following:

1. Email one from Gladstone:
'Dear___
We write further to the attached correspondence. Please be aware CPR 31.14 is not applicable to small claims, the track this case will inevitably be allocated to however, in an effort to settle the matter please find attached evidence we currently have access to. Your Defence will be considered in due course.'
The have attached the PCN letter, the Overdue PCN letter and 2 pictures which are identical take 4 seconds apart.

2. Email two from Gladstone:
'Dear____
UK Car Park Management Limited
-v-
_________

We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.
Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing
This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.
You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.'
They attached N180 Directions questionnaire, REQUEST FOR SPECIAL DIRECTION PURSUANT TO PD27 which says the below:
We kindly request that the Court send the N159 form (a redacted example of which is attached) to the Defendant for their consideration and, upon the Defendant consenting to the case being heard on the papers alone, the Judge makes the following direction;
“The matter will be considered on paperwork without a hearing. The parties attendance is not required and the Judge will determine the matter based upon the documents and evidence supplied and any written representations received.”

3. I have also received a letter from court which says that it acknowledge receipt of my defence.

4. I have also received a letter which says 'notice of proposed allocation of the small claims track' and with it was a form called 'direction questionnaire' which is asking me complete by 16th Nov.

Next step - I understand that I need to complete this direction form. Do you guys have any advice on how I should complete this form? There are couple of questions which I am not sure what to answer.

Thanks for all your support so far.

KeithP

dejam wrote: »

Next step - I understand that I need to complete this direction form. Do you guys have any advice on how I should complete this form? There are couple of questions which I am not sure what to answer.

Yes we do have advice on how to complete that form and you will not be surprised to hear that it is in post #2 of the NEWBIES FAQ sticky thread.

There is comprehensive guidance there on exactly how to answer every single question on that form. Gladstone's 'special directions' are also covered.


But you already know that.
Post #11 above included:

7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

System

We write further to the attached correspondence. Please be aware CPR 31.14 is not applicable to small claims, the track this case will inevitably be allocated to however, in an effort to settle the matter please find attached evidence we currently have access to.

What evidence did they send you? Gladstones won't have all of it so you send a separate Subject Access Request to the parking company instead. This is the address they have given the ICO

https://ico.org.uk/ESDWebPages/Entry/Z3245704

They have 30 days to reply. No reply within 30 days then report them to the ICO

dejam

Hi guys, thanks for the support as ever. I will complete the form as to the guideline in #2.

Is there a specific format I should write the Subject Access Request for the evidence?

nosferatu1001

No, but you can find examples of what others have written by doing what everyone MUST do, and reading around and using sensible search terms to find threads quickly.