Claim Form

BREAKTHROUGH

Hello all,


I am really sorry this is taking me far longer than anticipated. I am a single parent and I work 2 jobs and I know this is no excuse but finding time to write a defence is extremely difficult.
I have been on BW legal's web page however all it says to create an account to make payment but not sure pictures are available on their page. Even on parking awareness services' page I cant seem to find anywhere to view pictures ( Unless I'm missing something). A friend also recently received a PCN from Parking Awareness from the exact same location and they said no pictures where included in the PCN either.


This has caused an immense amount of stress in my life and also affected my little one. I really don't know what to do or write since I don't know anything at all.


However, this is what I will be sending today as my defence (which on found from another user in the newbies thread).








In The County Court

Claim No: XXXXXXX

Between

Parking Awareness Services
BW Legal Services Ltd (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________

1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant has not received any photographic evidence of being parked in said location on the time and date stated. The ‘land’ which forms the basis of the current claim consists of a few ‘private land’ parking spaces located near the shops and flats, and marked as being for the shop users, however there is also no evidence that Defendant did not enter into one of the shops which gives right to park. Given this lack of clarity regarding how or where a anyone is, or is not, allowed to park in this car park, no contract can be construed from the Claimant's signage, under the contra proferentem principle.

3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

5. The Defendant has the reasonable belief that the Claimant has not incurred £100 costs to pursue an alleged £251.78 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 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 £100.

6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date

KeithP

BREAKTHROUGH wrote: »

However, this is what I will be sending today as my defence (which on found from another user in the newbies thread).

I would suggest that you leave you Defence for comment for at least a couple of days - volunteers that are able to critique Defences are few and far between.

You have a few days before it is due next Tuesday.

Loadsofchildren123

Do you have a smartphone? There is a way of finding out your movements on the day if you do (not sure what it is, others can help with that).


Are you sure you weren't there? If you are, can you remember where you were on that day? Can you prove where you were (eg with google maps/movement tracking, or your boss confirming you were at work)?


If you are confident you weren't there, I'd just say


1. The Defendant admits that (s)he was the registered keeper and driver of vehicle registration number XXXXXXX on the material date.


2. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.


3. The Defendant's vehicle was not parked at xxxxx on xxxxx. The Defendant has never parked his/her vehicle at xxxxxxx and puts the Claimant to full proof thereof.


The rest, if you are confident you weren't there, is unnecessary. If you are worried that you did park there, then you should include other defences. The POFA argument re. the keeper is irrelevant if you admit to being the driver. The extra charges you would argue are not part of any contractual terms.

BREAKTHROUGH

Thank you very much for your reply, and for all help and advice given so far, I am truly grateful.


I do have a smartphone however the location services has been disabled. I am 95% sure I wasn't there but it may be possible I stopped to go into the shop to look at a birthday cake for a friend but it wouldn't have been for more than 2 mins as from what I've seen that shop do not do the cakes I was looking for. But I'm only assuming as the PCN is around the time of my friends birthday. That is why there is a 5% doubt. I honestly cannot remember parking there.

BREAKTHROUGH

Hello All,


Just to let you know I have sent my defence above as advised previously as per below.


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 [EMAIL="CCBCAQ@Justice.gov.uk"]CCBCAQ@Justice.gov.uk[/EMAIL]
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'.




I'm not sure what is next but I will check on MCOL in a few days to make sure it states defended as advised and will keep you all posted. I would like to thank you all for your assistance so far.

Redx

read the NEWBIES FAQ sticky thread, post #2 for what happens next


BARGEPOLE posted the full info 2 years ago

KeithP

BREAKTHROUGH wrote: »

I'm not sure what is next...

Surely items 6) and 7) on that list would be next.

You already have 6) under control, but here is 7) again...

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.

BREAKTHROUGH

Thank you very much, on the MCOL website it states that my defence has been received. However, will they send the Directions Questionnaire via email or will I have to get that from the MCOL webpage. Sorry I keep asking but I did say I don't know anything about this and it wasn't a joke. I'm so confused. Even reading the Newbies thread is confusing me and with all the abbreviations I'm completely lost.

Loadsofchildren123

You will get the DQ in the post, with an order telling you the date by which you must file it.

KeithP

It really is not difficult.

I wrote "Wait for your Directions Questionnaire...".

In Bargepole's 'what happens when' post linked from post #2 of the NEWBIES FAQ sticky thread it says:

4. After sending off your Defence, the Northampton Business centre will send a copy to the Claimant, and then send a Directions Questionnaire (form N180) to both Claimant and Defendant.