Northampton county court parking fine claims

System

Thanks for all the posts and the pictures are now live. Any ideas on defence? I'm really unstuck what to put and have 7 days left to write a defence.

On the second page and the OP is clearly struggling and so far no particulars or what the issue is apart from needing a defence - to answer the particulars.

If the Newbies thread was so good why is the OP still struggling and wanting someone to write it for them?

How long is it going to take for the penny to drop that the first question has to be "what is on the particulars?"

Le_Kirk

onlyfoolsandparking wrote: »

Find a defence on another thread, copy and paste into a word doc then.....

Do not copy and paste from Word into the forum as you might get locked out. Copy from Word into WordPad and thence into forum.

onlyfoolsandparking

IamEmanresu wrote: »

On the second page and the OP is clearly struggling and so far no particulars or what the issue is apart from needing a defence - to answer the particulars.

If the Newbies thread was so good why is the OP still struggling and wanting someone to write it for them?

How long is it going to take for the penny to drop that the first question has to be "what is on the particulars?"

The OP is possibly still struggling as they aren't studying the NEWBIES thread in detail. I struggled with it in the beginning and although it probably could? be improved I don't have the answer on how to improve it, all I know is I just kept reading it and other threads too until the penny dropped with me.


Maybe yourself or one of the other experienced posters could write an expansion to the FAQ section saying something along the lines of asking posters to give more information when first posting ie: name of PPC, timeline, place, apparent contravention, what is on the particulars etc


I could be miles off here, I don't know but I do know one thing, there seems to be a lot of repetition here with answers, I can only put that down to the obvious fact its a public forum with influxes of new people.

Coupon-mad

If the Newbies thread was so good why is the OP still struggling and wanting someone to write it for them?

Because he can't read the NEWBIES thread on a phone, no-one can.

How long is it going to take for the penny to drop that the first question has to be "what is on the particulars?"

That's a good point, IamEmanresu, and we should do, and should be telling people to reply to deny or admit whatever is said in the POC, as well as then setting out a concise defence.

skindy2006

I have come up with this as a denfence. Any advice/guidance on any information to adjust will be massively appreciated. Please also find attached a copy of the court claim form. If there is anything else I need to add, feel free to let me know. Do appreciate all the comments attempting to help me beat these fraudsters.
IN THE COUNTY COURT

CLAIM No: XXXX

BETWEEN:

WY PARKING ENFORCEMENT LIMITED (claimant)

-and-

XXXX (defendant)

________________________________________
DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or not at all.

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date in a marked bay allocated to Company Ravat & Ray dental care at 1 Bateman Street BD8 7DH.

3. The Particulars of Claim state that the XXXX was the registered keeper and/or the driver of the vehicle XXXX. 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.

4. 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.

5. Further and in the alternative, it is denied that the claimant WY PARKING ENFORCEMENT LTD 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 be parked correctly within their allocated parking bay, giving no definition of the term 'correctly parked', nor indicating which bays are allocated to whom.

6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

7. 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.

8. 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 £90. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

9. 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.

Name: XXXX
Signature:
Date: 03/10/2018

skindy2006

onlyfoolsandparking

That's a great start, the more experienced regulars will see your defence and help you hone it and fine tune it now ready for submission.

System

You might want to take off the registration but here is where you appear to have parked.



It looks like the cobbled bit may be the highway so you would need to confirm a) were you on the cobbled bit and b) ask Bradford Council if it IS the highway.

By way of background Bradford has had a lot of problems with parking companies issuing tickets/claims were they shouldn't so check

Edit: Bad news is that Bateman is unadopted so no joy there (https://www.bradford.gov.uk/open-data/maps/maps/)

However were there enough signs there to warn drivers. There are few in the pic.

bargepole

skindy2006 wrote: »

I have come up with this as a denfence. Any advice/guidance on any information to adjust will be massively appreciated.

You have copied, almost verbatim, a Defence I wrote for another poster recently.

Are you sure that all the facts are applicable to your case?

For example -

Para. 6 - is there an access ramp in your case?

Para. 7 - Is the charge £90 in your case, or was it £100?

You need to check this over, and make sure the facts fit.

KeithP

With a Claim Issue Date of 19th September, you have until Monday 8th October to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 22nd October 2018 to file your Defence.

That's over two weeks away. Plenty of time to produce a good Defence.


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

1) Print your Defence.
2) Sign it and date 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
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.