Duplicate Thread - Please Ignore

UberThere

Hi Guys,

I files my defence and received a letter back from the court, I cant seem to post the image of the letter, so you should be able to copy and paste the link below, adding a 'h' to the web address, i.e https

ttps://ibb.co/GRnJJtq

I'm not sure where to go with this now, or if its time to pay up the amount to the parking company. Any advice would be appreciated.

This was my original defence:

How much of the claim do you dispute?
I dispute the full amount claimed as shown on the claim form.

Do you dispute this claim because you have already paid it?
No, for other reasons.

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

2. The Defendant is the registered keeper of the vehicle in
question. The particulars of the claim, state the legal basis is
brought against the Defendant for ‘breach of the terms and
conditions of the car park’ by the driver. 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 when parking at Milton Keynes – Avebury car park.

2.1. Any breach is denied, and it is further denied that there was
any agreement to pay the Claimant's £100 'Parking Charge Notice
('PCN')'.

3. The Particulars of Claim state that the Defendant; was the
registered keeper and/or the driver of the vehicle; [REG NUMBER]. These
assertions indicate that the Claimant has failed to identify a
Cause of Action and is simply offering a menu of choices. As such,
the Claim fails to comply with Civil Procedure Rule 16.4, or with
Civil Practice Direction 16, paras. 7.3 to 7.5.

4. The Defendant is the registered keeper of the vehicle. ‘Keeper
liability’ under Schedule 4 of the Protection of Freedoms Act 2012
(“the POFA”) is dependent upon full compliance with that Act. It
is submitted that the Claimant’s Parking Charge Notice and/or
Notice to Keeper failed to comply with the statutory wording
and/or deadlines set by the POFA. Any non-compliance voids any
right to ‘keeper liability’.

5. Further and in the alternative, it is denied that the
claimant's signage sets out the terms in a sufficiently clear
manner which would be capable of binding any reasonable person
reading them.

6. The Claimant is put to strict proof of full compliance that it
has sufficient proprietary interest in the land under the correct
address, or that it has the necessary authorisation from the
landowner to issue parking charge notices, and to pursue payment
by means of litigation.

7. In addition to the original PCN penalty, for which liability is
denied, the Claimants have artificially inflated the value of the
Claim by adding purported added 'costs' of £60. Not only are such
costs not permitted (CPR 27.14) but the Defendant believes that
the Claimant has not incurred legal costs.

8. The Claimant may try to rely upon ParkingEye Ltd v Beavis
[2015] UKSC 67. However, with no 'legitimate interest' excuse for
charging this unconscionable sum given the above facts, this
Claimant is fully aware that their claim is reduced to an
unrecoverable penalty and must fail.

9. The Claimant may try to rely on Combined Parking Solutions Ltd
v AJH Films Ltd [2015] EWCA Civ 1453. However the vehicle is not
registered to the Defendant as a company vehicle and there is no
Employer liability holding the Defendant liable for the actions of
the Driver.

10. The Claimant may try to rely on Elliot Vs Loake [1982] Crim LR
36. However a crucial part of the case was that forensic evidence
showed that the appellant lied about not being the driver of the
vehicle and this is a Criminal Case that does not bear any weight
in the Small Claims Court.

11. 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.

Quentin

https://ibb.co/GRnJJtq

If this is the same case as your other thread then copy and paste the above post into your original thread, edit your post to just read duplicate thread please ignore and use advanced edit to change the title to the same message

Then let this thread die