Claim Form PNC Defence Help

KeithP

You appear to have missed ShakeItOff's question:

ShakeItOff wrote: »

What was the issue date on the claim form?

acpnewcastle

Sorry I thought I had answered that, issue date was 21st Feb

twhitehousescat

acpnewcastle wrote: »

Why did they have a sign saying this site is patrolled? Ticket indicated that it should be clearly displayed in windscreen!

Just trying to fleece people out of hard earned penny’s!

if it was a "patrolled" car park , stating ticket must be shown , then how can it be "ANPR" operated

in each case where pics sent to you "obviously" taken by a camera , not a phone etc , showing times entered and time leaving site?

acpnewcastle

Yes we have them photos, the car park has clearly need upgraded to ANPR and some of the old signs not removed! I will be going back to the site and taking photos to prove.

Hopefully they haven’t been removed.

KeithP

acpnewcastle wrote: »

Sorry I thought I had answered that, issue date was 21st Feb

Ah, so you did, my mistake:

acpnewcastle wrote: »

I also replied to the courts today extending me time issue date is 21st Feb.

It looks like you have done the Acknowledgement of Service too.

With a Claim Issue Date of 21st February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 26th March 2019 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

Why not simply copy any other similar Britannia defence? We have HUNDREDS.

I'm constantly amazed people still start new threads when cases and defences about absolutely everything (yes, paid for tickets) are already here, day in day out, ad infinitum.

We've even seen Britannia discontinue two recent new claim cases, when a SAR flushed out the fact the case was about a minor VRN 'keying issue' (yes, paid for cases where the VRN was wrongly typed in or wrongly recorded by the keypad system, very common and almost certainly what your case is about, too).

All you had to do was search the forum for Britannia defence PDT machine and I bet you will find shedloads of threads where people have paid the tariff, only to get a PCN.

Defences are all over the forum - already written, already discussed, there to be copied.

acpnewcastle

Thanks for your help guys, I have found allot of useful information.

One point I am struggling on is, I have received two court claims both with separate claim numbers for two tickets 3 days apart, should they have both been on the single claim? and if so how can I work this on my defence?

I am working on the defence and will post for any recommendations once completed.

Coupon-mad

Again, we have threads like this where you just need to keep asking for these 'duplicate facts' cases to be consolidated (use that word) until a Judge does:

https://forums.moneysavingexpert.com/discussion/comment/75487402#Comment_75487402

Don;t assume anyone will read your defence yet (but do start as you mean to go on and include a request in both duplicate defences for the claims to be consolidated, then rinse and repeat at EVERY stage with a covering letter, asking again).

HTH

acpnewcastle

Hi Guys

I have created the following defence, any recommendations before I email off the defence will be much appreciated.

IN THE COUNTY COURT

CLAIM NO: XXX

BETWEEN:

XXX (Claimant)

-and-

XXX (Defendant)


DEFENCE

Background

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

2. It is admitted that the Defendant was the driver of the vehicle (XXX) in question at the time of the alleged contravention.

2.2 In Jolley v Carmel Ltd [2000] -EGLR – 154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach.

Denial of contract and denial of any breach or liability

3. Due to sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass.

3.1 The allegation appears to be based on images by their ANPR camera at the entrance and exit to the site. This is merely an image of the vehicle in transit, entering and leaving the car park in question and is not evidence of the driver ‘not purchasing the appropriate parking time’.

4 The PCN stated the contravention as ‘Failed to validate stay or make a valid payment’ and this contravention is denied. The Defendant denied liability for the purported parking charge (penalty), not least because it is already common ground that the correct parking charge (tariff) had already been paid.

5. It is denied that:
a. A contract was formed to pay anything more than the advertised tariff;
b. There was any agreement to pay a further penalty parking charge;
c. That there were Terms and Conditions prominently displayed around the site which prominently displayed the £100.00 penalty, in at least as large lettering as the tariffs shown at the machine.
d. In addition to the parking charge there was an agreement to pay additional and unspecified additional sums;
e. The claimant in fact expended the claimed additional sums;
f. The claimant company fully complied with their obligations within the international Parking Community Code of Practice.

6. The Defendant made payment at the P&D Machine it did not prompt for any VRM and a ticket was issued stating ‘DISPLAY CLEARLY ON DASHBOARD THIS SIDE UP’

7. Further and in the alternative, it is denied that the claimants signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. The terms on the Claimant’s signage are also displayed in a font which is too small to be read from a passing vehicle; is not illuminated; 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.

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 £100.00. The claim includes an additional charge of £60.00, for which is described as ‘Contractual costs pursuant to PCN Terms and Conditions.

9. It is one thing to install PDT machines, but quite another to run a hidden ANPR camera data stream alongside the PDT data stream, and then use one against the other, against the rights and interests of thousands of unsuspected but circumspect visitors, who are being caught out regularly by this trap.

10. The claimant has issued two claims against me, I ask the court to combine both claims as the claims are identical and are within 3 days of each other.

10.1 The claim numbers are XXX & XXX respectfully.


I believe the facts contained in this Defence are true.


XXX

12th March 2019

Le_Kirk

10.1 The claim numbers are XXX & XXX respectfully

Don't need respectfully!

10.1 The claim numbers are XXX & XXX [STRIKE]respectfully[/STRIKE]