CEL Claim Form

Coupon-mad

Parking firms cannot recover a claim in damages from a motorist.

The Beavis case confirmed it; the Supreme Court said exactly that.

loui_lane

OK so this is what I have so far (not sure how to word my story about picking up an elderly friend - not having a phone on me to pay but having the money...


________________________________________
DEFENCE
________________________________________

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

2. The facts are that the vehicle, registration xxxxx, of which the Defendant is the registered keeper, was parked on the material date xxxxxx at xxxxxx Car Park.

3. The Particulars of Claim state that the Defendant was the registered keeper and/or the driver of the vehicle xxxxxx. 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.

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 (which is inside the car park, after you have entered and been recorded by ANPR cameras) 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, especially at night. 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 £100. The claim includes an additional £82, in 'damages.' I fail to see how my anti-social behaviour has damaged them to this extent. It appears to be an attempt at double recovery. Additionally there is £11.45 in interest.

9. 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

Le_Kirk

If the machine wasn't working you might try frustration of contract. Save your story of picking up elderly friend for your Witness Statement and evidence which comes later in the process.

loui_lane

Hi guys!!

I have now received a 'Notice of Proposed Allocation to the Small Claims Track' dated 7th April. It states that
1. This is a defended claim.
2. It appears this case is suitable for allocation to the small claims track. If you believe this track is not the appropriate track for your claim to complete box C1 on the form N180.
3. The Questionnaire must be filed by 25 April.

But there is also a letter attached about mediation without going to court.

What do you recommend?

Thank you so much in advance.

So grateful for your help law peeps

Quentin

You don't want mediation!

Coupon-mad

But there is also a letter attached about mediation without going to court.

What do you recommend?

Re-reading bargepole's Court Procedure thread, linked in the NEWBIES thread, as you seem to have missed the clear advice & info in it about 'mediation'.

loui_lane

Hi there!

GOOD NEWS (I think!) UPDATE!

I've received a N279 FORM from CEL. Just making sure this is the end and I don't have to do anything further!

Thank you all ever so much