N1 Claim form received - Gladstones

Coupon-mad

They can send the NTK later than day 15, but then can only hold an admitted driver liable.

And despite the fact they didn't know, you TOLD THEM you were the driver - aaaaaaarrrrrghhhh...! This tells us you found the NEWBIES thread but then ruined the template:

After reading threads in this forum I responded to the PCN using the template stating that the notice to keeper is incorrect since it was not received within 15 days. I also included an additional claim of mitigating circumstances - my dog was sick, I parked there for 10 mins to drop dog in vets before returning to move the car.

Surely you didn't...tell us you did not add that ''I parked'' to the template and ruined it?

BigJ2626

Unfortunately I did write this but it was already in the template

"Mitigating circumstances
There are mitigating circumstances to explain why I parked where I did so I am requesting that the fine be waived for this reason. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], as proof of my appeal."

That's from the template on the main mse site though not from this forum. I only discovered this forum later on in the process and then did read the Newbies thread. But the damage was done by then.

Reading the other threads on this forum implies that I can still beat this claim. Do you agree?

Coupon-mad

No, you used the wrong template. MSE wrote that one in an article, and it is dreadful.

that is not the one from the NEWBIES thread!

BigJ2626

I've already said that I used the one from the main mse site not this forum. I didn't know it was dreadful when I used it. But I thought that this forum was about helping people rather than keep telling them what they have done wrong.
I'm really grateful for all of the help that I have received so far. But if all that is left to say is how stupid I have been then there is no point in keeping this thread open.

Coupon-mad

I had not realised you'd used that one - and we are not blaming you!

That MSE article 'fight private parking charges' or whatever they call it, and in particular that horrendous template is diabolical and costs people money, not that you will be paying this.

Of course you need to keep the thread open. We are here now to help you win a defended claim.

BigJ2626

Thanks Coupon-mad. I've amended the defence to remove the references to the NTK being received after 15 days. Any more suggestions to improve it please?

Claim issue date: 08 Nov 2018

AOS response date: 12 Nov 2018

Particulars of Claim
The driver of the vehicle registration XXXXX (the “Vehicle”) incurred the parking charge(s) on xx/xx/2017 for breaching the terms of parking on the land at xxxxxxxx. The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle AND THE CLAIMANT CLAIMS £xxx for Parking Charges / Damages and indemnity costs if applicable, together with interests of £xxx pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to judgement at £xxx per day

Background
1. The Defendant denies that the Claimant is entitled to relief claimed in the sum of £XXX, or at all, for the reasons stated in the following paragraphs.
2. It is admitted that the Defendant is the Registered Keeper of the vehicle in question on the material date.
3. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date on XXXXX (location). The Defendant stopped the vehicle at a convenient point close to the xxxx veterinary practice at xxxxx (location) for less than ten minutes, whilst transferring a sick pet.

Defence

1. The Particulars of Claim state that the Defendant “was driving the Vehicle and/or is the Keeper of the Vehicle”. 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. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

2. 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.

3. The Particulars are not clear, and the claimant has not provided enough information to file a full defence. In particular, the full details of the contract, which it is alleged was broken, have not been provided.
a) The Claimant has disclosed no cause of action to give rise to any debt.
b) The Claimant has stated that a parking charge was incurred.
c) The Claimant has given no indication of the nature of the alleged charge in the Particulars of Claim. The Claimant has therefore disclosed no cause of action.

4. The signage was insufficient and could not be seen at all when parking the vehicle. Only upon further investigation after 2 PCNs arrived, a small font sign was discovered on a single wall.

5. 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.

6. The Claimant has at no time provided an explanation how the ‘parking charge’ has been calculated, the conduct that gave rise to it or how the amount has escalated from £100 to £160. This appears to be an added cost with apparently no qualification and an attempt at double recovery, which the POFA Schedule 4 specifically disallows.

7. 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
Signature
Date

BigJ2626

Hi all, a quick update - this is going to Small Claims Court. I've filed the N180 and rejected the claimant's request for special directions and requested an oral hearing at my local court as advised by Bargepole's newbie thread.

Based on my previous posts and defence above do you have any guidance specific to my case?

Coupon-mad

Gather your evidence and read the example Witness Statements in the sticky thread.