Parking Eye court claim form

notsogreatatthis

Hi I have tried to read a lot of the advice on the forum but I haven't done anything like this before.
I have pasted my defense out of lots of different examples that you have on the forum. i was wondering if anyone could read it and give me pointers before I submit it .
Any advice would be greatly appreciated.

The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
It is admitted that the Defendant was the registered keeper and driver of the vehicle in question at the time of the alleged incident.
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.
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.
Primary defence - payment was made but the system was unable to back date the time of the ticket
On entering the car park it was not transparent to the defendant that an ANPR system was being used to determine the length of stay in the car park. The defendant noticed no signage at the entrance to the car park to make her aware of the ANPR she was only aware on receipt of the PCN notice.
The Defendant made all reasonable efforts to make payment for parking. The defendant arrived in the car park with the means for payment.
On arrival in the car park the defendant discovered that the pay and display machines only took change. No cards no notes, both of which the defendant had on her person. The majority of modern car parks take both methods of payments.
After several failed attempts to pay by the pay by phone app the defendant proceeded to call pay by phone, it’s an automated service and required a pin number that the defendant couldn’t recall. The defendant couldn’t proceed any further. Pay by phone customer services was closed as it was Sunday evening.
Eventually two homeless gentlemen in the car park realised the defendant’s dilemma and kindly changed the £20 note so that the defendant could obtain a ticket.
This process took the defendant approx.17 mins
At no point did the defendant leave the car park before obtaining a ticket.
The service makes no provision to back date the time of the ticket, the defendant proceeds to buy a ticket for the duration of the stay in the car park.
n Jolley v Carmel Ltd [2000] 2 –EGLR -154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach.

No agreement on the penalty and no contract formed by conduct
The claim appears to be based upon damages for breach of contract. However, it is denied any
Contract existed. Accordingly, it is denied that the Defendant breached any contractual terms, whether express, implied, or by conduct.
It is clear that no conduct by the Defendant caused the penalty to arise and a professional parking firm could not reasonably lay any blame with the Defendant who only endeavoured to obtain a ticket. The charge offends against the reasonable and statutory expectations of trader/consumer relations requiring 'open dealing' and the doctrine of good faith.
The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. Her Majesty's Courts and Tribunals Service have identified over one thousand similar poorly produced claims and the solicitors conduct in many of these cases is believed to be currently the subject of an active investigation by the Solicitors Regulation Authority.
The Defendant respectfully suggests that parking companies using the small claims track as a form of aggressive, automated debt collection is not something the Courts should be seen to support
The Defendant denies the claim in its entirety voiding any liability to the claimant for all amounts due to the aforementioned reasons. It is submitted that the conduct of the Claimant is wholly unreasonable and vexatious.

The Defendant invites the court to dismiss this claim out as it is in breach of pre court protocols in relation to the particulars of claim under Practice Direction 16, set out by the Ministry of Justice and also Civil Procedure Rules (CPR) under 16.4 and to allow such Defendant’s costs as are permissible under Civil Procedure Rule 27.14.

I believe the facts stated in this Defence Statement are true

KeithP

Hi and welcome.

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Redx

a lot of the wording in post #1 seems to be a WS , not the defence


start with the concise defence by member BARGEPOLE and add in a point or two about the facts of the case/contravention/why they are not liable.And a point about no landowner authority as seen in other defences.

notsogreatatthis

Hi yes it came directly from Northampton and the date ion the letter is the 14th March. Thanks

KeithP

notsogreatatthis wrote: »

Hi yes it came directly from Northampton and the date ion the letter is the 14th March. Thanks

With a Claim Issue Date of 14th March, you have until Tuesday 2nd April to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Tuesday 16th April 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence and it's good to see you are not leaving 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 "defence received". 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.