Letter Before Claim, EXCEL

Pringle114

Found the link in the newbies thread from Bargepole. VERY HELPFUL.


Thanks again. I'll update once at next stage!

KeithP

Pringle114 wrote: »

The issue date is 07 May.

With a Claim Issue Date of 7th May, you have until Tuesday 28th May 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 file linked 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 Monday 10th June 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 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 an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.

Pringle114

KeithP wrote: »

With a Claim Issue Date of 7th May, you have until Tuesday 28th May 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 file linked 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 Monday 10th June 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 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 an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.

Thanks very much for this!! I'll get this done tomorrow and then get started in ny defence.

Thanks again.

Pringle114

I've done my AOS and am now looking through various Defences. I'm a little worried about getting a good enough defence. Most of the ones I've come across are very detailed and very long! My case, in a nut shell, was simply a faulty Pay & Display machine ate my money and didn't issue a ticket. I therefore used the car park anyway as there were plenty spaces and I was in a rush (I know that's no excuse). Upon returning, had a myparkingcharge . com "This is not a Parking Charge Notice" on my car. (As well as a good handful of other people who seem to have had the same trouble).


Basically, how long does my defence NEED to be? It's not like I have a ridiculous amount of evidence as I can't prove the Machine was faulty...

KeithP

Pringle114, you need to go back to the NEWBIES thread.

In post #2, the post that you have already read at least once, you will find several examples of Defences. Pay particular attention to those concise Defences by Bargepole.

On 19th April, over three weeks ago, you were given the following suggestion:

...start reading Excel and VCS threads and defences that are ahead of you in the game.

You still have four weeks to create a Defence. Crack on.

Coupon-mad

Upon returning, had a myparkingcharge . com "This is not a Parking Charge Notice" on my car.

So use & adapt the VCS 'not a CN' example then (yes it's longish but you need to Judge to see that no PCN was issued and they then got your data prematurely from the DVLA) and add in the stuff about the machine not working.

We have had lots of 'machine not working' defences on here. See posts 121 and changes made in 127 here (the case has not got to a hearing yet):

https://forums.moneysavingexpert.com/discussion/5710380/appeal-dismissed-by-ias&page=5

That's very similar in facts your 'not a CN' case; you should be able to adapt it.

HTH

Pringle114

Thanks guys. I've been looking about and have come up with the below so far. I know I've a lot of time to complete this so I'm in no rush to get it done.

IN THE COUNTY COURT

CLAIM No: XXXXXX

BETWEEN:

Excel Parking Services Ltd (Claimant)

-and-

XXXXXXXX (Defendant)

DEFENCE

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




2. It is admitted that the vehicle, registration XXXX XXX, of which the Defendant is the driver and registered keeper, was parked on the material date in the XXXX Car Park Darlington XXX XXX.




3. The required tariff was paid in coin at themachine and number plate details were entered following the instructions on the sign. The machinefailed to issue a ticket and did not refund payment.




4. The facts are that the Defendant was rendered (by fault of the Claimant) unable to enter into a valid and binding contract as the defendant was unable to fulfill the consideration element of the contract due to the failure of the Claimant's equipment, and inadequate signage.




5. The Defendant was unable to make payment due to the Pay & Display Ticket ('PDT') machine being out of service. No signs were seen for any other pay machines and the Defendant made a concerted effort to find an alternative which simply was not 'there to be seen'. The contract is therefore frustrated and void. In Jolley v Carmel Ltd [2000] 2 –EGLR -154, it was held that a party who makes reasonable endeavors to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms.




6. The terms on the Claimant's signage are 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. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.




7. A misleading red envelope, impersonating authority but stating ''this is NOT a parking charge notice'' was left on the Defendant's vehicle windscreen that day.




8. No PCN was served. Clearly, a piece of paper telling a driver ''this is NOT a Parking Charge Notice'' cannot be later relied upon by the Claimant, as if it was a PCN.




9. It is denied that a 'charge notice' ('CN') was affixed to the car on the material date given in the Particulars. This Claimant is known to routinely affix misleading pieces of paper in a yellow/black envelope impersonating authority, bearing the legend 'this is NOT a Parking Charge Notice'. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.




10. The document left in the red envelope is not compliant with POF Act Schedule 4 which sets out what a notice to driver (i.e. a 'NTD' or 'PCN') must say, at the point where the driver is the only person present.

As a minimum the notice MUST state:
When and how the parking offence took place;
How much is due;
What any discount is for prompt payment of the charge;
How and to whom payment may be made;
The time and date when the notice was issued; and
What the arrangements are for the resolution of disputes or complaints - this includes any internal arrangements offered by the parking operator as well as any independent appeals process.
A privacy notice regarding how data will be used.




11. 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.



12. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 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.



13. The defendant has repeatedly requested PDT machine records at the time of the alleged contravention but the claimant has been obstructive and continuously refused.



14. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.



Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date

Coupon-mad

The Defendant was unable to make payment

Don't say that - you did pay:

The required tariff was paid in coin at the machine and number plate details were entered following the instructions on the sign. The machine failed to issue a ticket and did not refund payment.

Pringle114

Should that be changed to "The defendant could not acquire a ticket due to the Pay & Display Ticket ('PDT') machine being out of service.... "

Or completely miss that point?

KeithP

Just delete the first sentence of paragraph 5.

It's only repeating what is written earlier.