Advice for PCN Challenge

Le_Kirk

That looks like an old defence you have found there. Try looking at the NEWBIE sticky post # 2 and reading all of the 17 pre-written defences you will find, use one of them and add in your denial of the POC in similar style. If the claimant has tried to add on spurious amounts (typically £60) then search for and read the Abuse of Process thread by beamerguy and in particular the comment at post #14 of that thread and add that to your defence.

The_Deep

They invariably ask for monies which are unlawful, please read this and add it to you defence if applicable.

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

ceto

Thanks for all your replies.
Revised defence statement has now been emailed to the CCBC as advised. 
I will provide further updates as and when.

Coupon-mad

Can you show us the defence that was emailed, so we know what you said?
No asking about the Directions Questionnaire, please.  Spare us that stage - fully covered in the NEWBIES thread.
See you at WS & evidence stage a few weeks BEFORE your hearing, as the defence is not your only statement.

ceto

@Coupon-mad, here it is below:

1)    It is admitted that the defendant, XXX, residing at XXX, XXX is the registered keeper of the vehicle.

2)    It is denied that any 'parking charges and other costs' (whatever they might be) are owed and any purportedly unpaid debt is denied in its entirety.

3)    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. HMCS have identified over 1000 similar poorly produced claims.

4)    I believe the term for such conduct is ‘robo-claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.

5)    It is denied that the Claimant has authority to bring this claim. The proper Claimant (if any debt exists, which is denied) would be the landowner.

6)    According to the Particulars of Claim, the claimant states the vehicle was parked in breach of terms of parking stipulated on the signage (the Contract). I refer to case Pace Recovery and Storage Ltd vs Zoltan Lengyel (24th May 2017) in which it was agreed that ‘… the signs must inform the driver that he is entering into a contract with the claimant’. As in the Pace vs Lengyel case (see section 13), nowhere within this sign does it inform the driver that by parking in the car park, he is entering into a contract with the claimant. Indeed, the words “contract” do not appear at all within the sign, which merely refers to the driver being liable for a parking charge if in breach of any term or condition. In the Pace vs Lengyel case, the judge established that the phrase “terms and conditions” are not synonymous with a contract.

7)    Even if the court is minded to accept that a valid contract exists between the claimant and defendant, the basis for such a contract requires the driver to display a valid parking permit or register the vehicle for an electronic permit. This is something the defendant could not do as a legitimate customer within the parade. The shop I was visiting informed me they weren’t able to issue a customer parking permit (display or electronic) as this was never provided to them. The consequence of this is that any contract between the claimant and the defendant required the defendant to do something which he simply could not do, that is, display a permit. The inability of the defendant to display a permit was not caused by any act or omission but by state of affairs over which he had no control. Therefore, any contract between the parties is invalid under the doctrine of impossibility of performance. Again, I refer to case Pace Recovery and Storage Ltd vs Zoltan Lengyel (24th May 2017)

 8)    The claimant’s signage states Automatic Number Plate recognition may be in use with images captured and retained for enforcement purposes. However, the images of alleged contravention were clearly taken from a camera phone with no date and time stamp information provided. I submit, therefore, that the operation is predatory and ticketing is incentivised for payment of a bounty. I wish to state that the person who took the photos should be called to court as a witness to answer for their reasons for issuing the PCN and to be questioned on whether they have been trained in the IPC Code of Practice, the DPA/GDPR and the Equality Act, given the data they are handling and the requirements of those laws and codes are paramount for any AOS member.

9)    It is submitted that the Claimant is merely an agent acting ‘on behalf of’ the landowner who would be the only proper claimant. Strict proof is required of a chain of contracts leading from the landowner to this Claimant, to allow them the right to form contracts and to sue in their name.

10) The defendant denies the claim in its entirety voiding any liability to the claimant for all amounts claimed due to the aforementioned reasons. It is submitted that the conduct of the Claimant is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time/costs in dealing with this matter.

11) The claim contains a substantial charge of £60 additional to the parking charge which it is alleged the defendant contracted to pay. This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover

12) 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.

Statement of Truth: I confirm that the contents of this statement are true to the best of my knowledge and belief.

ceto

Hello everyone,
I hope you are all keeping well and safe as best as possible. I have been wanting to post an update on the state of play for a while but finally here is below:
So I have now received a court notice with a trial date fixed for mid December 2020 in London. In the notice, it was stipulated for each party to deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. 
So my question to this knowledgeable and indomitable forum is this: 

1. What documents apart from my defence statement would be necessary to provide for the other party and the court?
2. I haven't as yet received any documents from the claimant, so do I wait to receive their documents before sending mine (but what if they delay and send theirs at the last minute? ) OR shall I proactively request this from them.
3.  I also wondered if I need to provide any witness statement, say from the shop owner I visited on the day to bolster my defence

Thank you all and looking forward to your responses.
Ceto

Le_Kirk

If you read the NEWBIE sticky again, second post, there is a section there marked "know what you must do and when" it is in red so you cannot miss it.  That will tell you what documents you need.  You don't need to contact the claimant they should send their WS to you.  It is a game of nerves to see who blinks first.  Hold out as long as you can but DO NOT miss any deadlines imposed by the court.

nosferatu1001

1) fully covered in the newbies thread, whichi you have had 8 months to fully digest
2) They have the same deadline as you . You can wait until the last minute, if you wish, but it really makes sod all difference as you will have 14 days before the hearing to review their submissions, and can raise the usual template nonsense then
3) You provide anything and everything you can to make your version as convincing as possible. While a standalone WS, with no witness to cross examine, should hold lower weight than with them present, given the Claimanant will not have an actual witness present, yu can point out that both WS should have equal weight, and if thee court reduces weight on the Cs one alongside your shop keeper one, that measn theyre acknowleding the claimaint cannot prve their claim

You havent been reading enough threads, which you must do. You win this through research and knowing argumetns back to front. 

ceto

Hello good people,
I wanted to give a quick update on state of play.
I was getting ready for my court telephone hearing next week but out of the blue I received an email today from Gladstone notifying me of their client's discontinuance of the claim. Voila... "this matter is now concluded" the email reads.
My thanks to everyone for their advice in pursuing this matter to its logical conclusion.  
Much love and respect.

Coupon-mad

YAY, THAT'S A WIN, AGAIN!   Well done for seeing it through.

ANOTHER UKCPM / GLADSTONES ONE BITES THE DUST!