County Court Claim - Private PCN from UK CPM

Le_Kirk

That is a very short defence, have a look at the 17 example defences posted in the NEWBIE thread post # 2, starting where you see the following: -

Here are some cases won or in progress:

Here is a defence I suggested for a case

and then look at the link provided by beamerguy so you can add the Abuse of Process points.

You cannot add to your defence at WS stage unless you pay £100, best to gt it all in now and then you can "explain it more fully" along with evidence at WS stage.

Quentin

Amis95 wrote: »

quick question, do PPC need planning permission to put signs up on the sides of their building/property?

See this thread:


https://forums.moneysavingexpert.com/discussion/5631029

Amis95

Hi Le_Kirk,

I have had conflicting advice from CAG, they said to keep it cut down to the main points now and then elaborate on it at WS stage. would you recommend I go back to my first draft?

thanks

KeithP

And if you post on Pepipoo too you might well get a third opinion.

The more forums you post on, the more confusion you are likely to suffer.

Le_Kirk

Amis95 wrote: »

Hi Le_Kirk,

I have had conflicting advice from CAG, they said to keep it cut down to the main points now and then elaborate on it at WS stage. would you recommend I go back to my first draft?

thanks

I don't know what/who CAG is/are so cannot comment on their advice except to say that Bargepole is legally trained and I always offer posters a pointer to his (and others) well crafted defences. IANAL and only use my experience of reading and posting on this site to help others. As KeithP states, if you ask three people, you will get three (different) opinions. I will just advise again that you cannot ADD defence points at WS stage only expand on what you have already submitted.

nosferatu1001

Indeed
You cannot cerate new defence arguemtns in the WS. THats an abuse of process.
Your one and only chance to raise a defence arguemnt is NOW.

Amis95

Hi Guys, thank you for the feedback! I only posted in the other group as I assumed you guys are busy and may not get feedback but you all have been amazing.
I will go back to my first draft and keep the point about double recovery so then I can elaborate on that using the Abuse of Process points from BWcase at the WS stage.

Do you recommend adding anything else? I have been through most of the Defences in Newbies Thread but most of them do not apply/relate or I don't fully understand. I would rather not put something that I don't fully understand.

thank you so much again for your valuable feedback

Amis95

Also - do you think I should add this line - 'The particulars of claim are insufficient to establish a case of action against the defendant and are therefore struck out pursuant to part 3.4CPR.'

I found a case where a judge struck out the claim saying the above. the case is:
VCS v Miss A
Initial Date of Issue from County Court Business Centre: 05/04/2019
Claim Ref No: XXXXXXX (I don't know the number)
Wakefield County Court

nosferatu1001

If you dont understnad a point, why not ask what it means? That would make a lot more sense, instead of just throwing your hands up and not including it

Amis95

Hi Guys,
is this any better? hopefully, this will pave the way to elaborate more on the WS? as today is the deadline, do I need to submit it before 4pm?


In The County Court
Claim No: XXXXXXX
Between
UK Car Park Management Limited (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________

1. The Defendant was the registered keeper of the vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. It is denied that any 'parking charges’ are owed and any debt is denied in its entirety because no keeper liability, no cause for action against the defendant. The claimant has failed to show locus standi, the defendant does not believe they have a right to bring an action against anyone.

3. Accordingly, it is denied that the driver breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct as no enforceable contract offered at the time by claimant, no cause for action can have arisen.

4. The Claimant also stated in the Particulars of Claim that ‘the driver of the Vehicle agreed to pay the parking charge within 28 days of issue yet failed to do so’. However, the claimant has failed to provide evidence of that agreement and failed to identify who the driver that it is referring to.

5. It is denied that the signs used by this claimant can have created a fair or transparent contract with a driver in any event hence incapable of binding the driver as the claimant failed to comply with International Parking Company Code of Practice ‘PART E Schedule 1 – Signage’.

6. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

7. 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 £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

8. In summary, the Claimant's particulars of claim disclose no legal basis for the sum claimed and it is insufficient to establish a case of action against the defendant therefore the Court is invited to dismiss the claim in its entirety pursuant to part 3.4 CPR.

Statement of Truth:

I confirm that the contents of this defence are true to the best of my knowledge and belief.

Name xxxxxxxxx
Signature xxxxxxxxx
Date xxxxxxx