Parking solutions Limited- claim for over £700 !

lukesy123

Ok I remove the repetition - thanks for that tip ... I can see what you mean.

These are facts ? Otherwise I’m not sure what else I can add

Coupon-mad

Don't use that template at all. Have a look at bargepole's one in the NEWBIES thread post #2.and you will see how much easier it is to read and the facts flow in a more structured but concise way than your one.

lukesy123

IN THE COUNTY COURT

CLAIM No: XXXXX

BETWEEN:

TOTAL PARKING SOLUTIONSLIMITED (Claimant)

-and-

XXXXX (Defendant)

________________________________________
DEFENCE
________________________________________

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

2. The Defendant was the registered keeper and driver of vehicle registration number XXXXX on the material date(s).

3. The Particulars of Claim state that the Defendant has failed to settle their outstanding liability. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply ordering the PCN Sum to be paid within a set time period. 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.

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's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.

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; and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. 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 £75 per PCN. The claim includes an additional £200, for which no calculation or explanation is given, and which appears to be an attempt at artificial inflation leading to double recovery.

9. The Defendant believes that this is a claim that will proceed without any
facts or evidence supplied until the last possible minute, to his significant detriment as an unrepresented Defendant.

10. The Claimant has produced no evidence as to who parked the vehicle. Under the Protection of Freedoms Act 2012 there is no presumption in law as to who parked a vehicle on private land.

11. 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:

XXXXX

Signature:

XXXXX

Date:

XXXXX

LoneStarState

Lukesy123

That defence states you were both keeper and driver (and was also the case in your earlier draft defence) and yet in an earlier post, you've stated you don't remember who was driving. Might want to reconsider what's been put if you've taken a template and modified. If you were the driver at the material time and it doesn't hamper your defence in any way then so be it but just wanted you to be aware of what you put.

lukesy123

AMENDED ... will email it to them in the morn

Redx

dont forget to sign and date it like post #10 tells you to


unsigned would be a waste of time and energy

lukesy123

Ok now I’ve received a questionaire in the post along with a small paragraph from the court confirming they received my defence

Le_Kirk

That's your DQ, check NEWBIE post # 2 for how to complete it.

lukesy123

Ok, will fill out and update the thread accordingly ... thanks !

KeithP

When completed, send your DQ to the CCBC in the same manner and to the same email address that you sent your Defence. Refresh your memory by re-reading post #10 above.

Remembering of course to send a copy to the Claimant - address on your Claim Form.