County Court claim advice!

Gizmo2

Hi, no medical conditions.
Not sure about solicitor I'll check
I didn't realize I needed to add the part about money. Shall I copy and paste from the link you sent me?

Got to go to work now 😣

Gizmo2

It was a free carpark btw, for DFS and Wrens kitchen. This is why I'm so disgusted with the fee!

Coupon-mad

Yes you were meant to add the wording I gave you, it's pretty generic and its there for people to copy and use.

It was a free carpark btw, for DFS and Wrens kitchen. This is why I'm so disgusted with the fee!

No, be careful with that thinking. Your case is like the ParkingEye v Beavis case (also a free retail car park) and Barry Beavis lost in the Supreme Court, which applies to your case too unless you can show differences of fact, such as unclear signs.

You CANNOT object to the core term or say the charge is extortionate, or that they didn't suffer any loss. ParkingEye v Beavis killed all that. I suggest you Google & read it.

Which parking firm (and solicitor, if they are using one - see claim form)?

KeithP

Keep your eye on a calender.

Remember, from post #3 above:

...you have until 4pm on Monday 18th March 2019 to file your Defence.

Gizmo2

Hi, ok i understand. So basically i'm pretty much not going to win this then?



The company is VCS ....Mr Clampit! :mad:



No solicitor mentioned on claim form.

Gizmo2

Im having real trouble trying to edit the PDF document I

was sent I am trying to copy and paste from your post but I am struggling with it and getting rather stressed, i'm not very good at this sort of thing! argh! it wont let me paste !

Gizmo2

IN THE COUNTY COURT BUSINESS CENTRE

CLAIM No: ********

BETWEEN

VEHICLE CONTROL SERVICES LIMITED

(Claimant)

-and-

(Defendant)

__________

DEFENCE

1. I am________, the Defendant in this matter, registered keeper of vehicle
*******.

2. The claim is denied in its entirety.

3. The Defendant denies any abuse of the parking facilities or in fact any breach.

4. The Particulars of Claim lack specificity and are embarrassing. The Defendant is
prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves
the right to seek from the Court permission to serve an Amended Defence should the
Claimant add to or expand their Particulars at a later stage of these proceedings and/or to
limit the Claimant only to the unevidenced allegations in the Particulars.

5. The Particulars of Claim fail to refer to the material terms of any contract and the
Defendant questions that they comply with CPR 16 and 22, in respect of statements of
case, and the relevant practice direction in respect of claims formed by contract or
conduct.

6. The Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the
Protection of Freedoms Act 2012 (POFA). By not serving a notice containing statutory
text (or) within the required time period, the Claimant is unable to hold the Defendant
liable under the strict ‘keeper liability’ provisions.

7. Schedule 4 of POFA, Sections 4.5 and 4.6, also states that the only sum a keeper can be
pursued for is the amount stated on the Notice to Keeper (“NTK”), in this case £100.

[FONT=&quot]8. It is an abuse of process for the Claimant to issue a knowingly inflated claim that it is not entitled to recover. The acid test is whether the conduct permits of a reasonable explanation, but the Defendant avers it cannot. Claims such as this have recently been struck out by County Courts for reasons of: ''Substantial charge additional to the parking charge. Additional charge not recoverable under the POFA, Pre-action Protocol and CPRs...abuse of process.''

[/FONT]

9. Signage in place was not prevalent and not brought to the attention of motorists
sufficiently as to comply with the code of practice of the Claimant’s accredited trade
association.

10. This case can be distinguished from ParkingEye v Beavis [2015] UKSC 67 (the Beavis
case) which was dependent upon an undenied contract, formed by unusually prominent
signage forming a clear offer and which turned on unique facts regarding the location and
the interests of the landowner.

11. The Defendant questions that the Claimant has authority to bring this claim. The proper
Claimant is the landowner. Strict proof is required that there is a chain of contracts
leading from the landowner to Vehicle Control Services Limited and that Vehicle Control
Services Limited have the locus standi to bring this matter to court.

[FONT=&quot]12. It is submitted that the conduct of the Claimant in pursuing this claim is wholly unreasonable and vexatious. As such, the Defendant is keeping careful note of all wasted time/costs in dealing with this matter and should the case continue to trial, the Defendant will seek further costs, pursuant to Civil Procedure Rule 27.14(2)(g).[/FONT]

13. For all of the reasons stated above the Defendant asks that the learned judge utilise the
discretionary powers of case management and strike out this claim as vexatious and
frivolous.

STATEMENT OF TRUTH

I believe that the facts contained in this Defence are true.
Name: ……………….....…….……………………………..
Signed: ………………………………….………………….
Date: …………………...….……………………………….
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[FONT=&quot]Now, should Ileave in 4.? as I actually ignored letters and unsure when I did receive a NTK[/FONT]
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[FONT=&quot]Is this defence ok? Im worried about getting it sent off in time! got to go to my mums to print it as have no printer!
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[FONT=&quot]Thanks
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Gizmo2

Hi, my IP address was banned for a while not sure why. Just filling in my small claims form. Going to email it off once I can find a downloadable form, (my partners computer has load of bug ad blockers, he's not here to help me)



I feel its getting pretty serious now, I've received my SAR documents can someone look at them for me please? what do I need to do before uploading them?



TIA

KeithP

Gizmo2 wrote: »

Just filling in my small claims form.

No idea what this means.

Did you file your Defence before 18th March - as described in post #3 above?

Gizmo2

Hi, sorry yes I did fill it in, then I was immediately sent a questionnaire form (sorry I gave wrong description)

It has to be emailed by the 4th, i have seen a template so fillied it in online, not sent it yet.