Defence letter

Helpb

Hi recently i received letter from Gladstone solicitor,claiming i owed a parking charge from 29/01/2016.I ignored letter as didn't think anything come of it.But just recently I have received a claim from from Northampton court,claiming a total amount of 267.57.
I have filed my Acknowledgement of service online,now would like help of what to put in my defence.
I have requested more information from Gladstone solicitors via there online contact form but as yet have not received anything back
This happened over two years ago and cannot remember if I received a parking ticket or any letters from the parking company
My claim from issue date was 19 Sep 2018 and i filed my Acknowledgement of service on 26 Sep 2018

onlyfoolsandparking

Well done on doing the AOS that will give you more time, plenty of defence threads on here I assume your reading these to give you an idea of how to write yours.

Coupon-mad

Send a SAR to the parking firm, TONIGHT if it can be done online (see the PPC's website about 'privacy/data concerns'). Ask for all letters/photos/data held about you/your VRN.

And read the NEWBIES thread for examples of defences, looking for one that deals with similar facts about the type of car park (ANPR, or permit/residential, or pay & display). The examples cover them all, so go and use one as your base and adapt it.

Show us your draft defence, and tell us who the PPC is and what sort of car park?

I am not saying just answer those two Qs and expect more replies...we need to see your draft first!

No asking what SAR is, it's all in the NEWBIES thread (and easy to Google too).

Umkomaas

Have you read how to deal with all and any small claims court case in the NEWBIES FAQ sticky, post #2?

That will provide you with each and every step.

KeithP

My claim from issue date was 19 Sep 2018...

With a Claim Issue Date of 19th September, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 22nd October 2018 to file your Defence.

That's over three weeks away. Plenty of time to hone your Defence to perfection.


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.

System

This happened over two years ago and cannot remember if I received a parking ticket or any letters from the parking company

What do they say the driver did? It is in the middle box on the left hand side of the claim form titled "particulars". What a judge will be looking for is how well the allegation in that box has been answered.

If you fail to answer it correctly then a judge at the Allocation stage can throw a defence out which is why you need to answer the allegations.

Helpb

Hi it says my vehicle "incurred parking charges on 29/01/2016 for breaching the terms of parking on the land at" And then it goes on to give the area and cost what the claimant claims.Thank you for replies and everyones help

Coupon-mad

Yes but what does the entire Particulars say about whether you were the keeper or the driver and what the terms were? IamEmanresu wanted ALL the words.

Helpb

Hi sorry full particulars are
The driver of the vehicle registration xxxxxxx (the Vehicle) incurred the parking charge(s) on 29/01/2016 for breaching the terms of parking on the land at 1423 - Private parking areas at Manchester Aquatics Centre Booth Street East Manchester - Manchester Aquatics Centre 2 Booth Street East Manchester M13 9SS
The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle
AND THE CLAIMANT CLAIMS
£160 for Parking Charges / Damages and indemnity costs of applicable,together with interest of £32.57 pursuant to s69 of the County Courts Act 1984 at 8% pa,continuing to Judgement at £0.04 per day

onlyfoolsandparking

Helpb wrote: »

Hi sorry full particulars are
The driver of the vehicle registration xxxxxxx (the Vehicle) incurred the parking charge(s) on 29/01/2016 for breaching the terms of parking on the land at 1423 - Private parking areas at Manchester Aquatics Centre Booth Street East Manchester - Manchester Aquatics Centre 2 Booth Street East Manchester M13 9AS
The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle
AND THE CLAIMANT CLAIMS
£160 for Parking Charges / Damages and indemnity costs of applicable,together with interest of £32.57 pursuant to s69 of the County Courts Act 1984 at 8% pa,continuing to Judgement at £0.04 per day

Edit the VRN out as a matter of urgency, no need to display it

Coupon-mad

Oh good, I hope your local Court is Manchester? Their Judges get the PPC scam!

The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle

So they haven't said whether you are being pursued as driver or as the keeper, and nor have they said what the breach was, not what the terms on the sign even were.

Have a look at the example defences in the NEWBIES thread post #2.

What do you think the breach was? Permit car park, not authorised?