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Court defence letter help
Everton1
Posts: 21 Forumite
Can someone have a look at my Revised defence plz
And help me out thanks
DEFENCE
1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
2. Each and every allegation in the claimants statement of case is denied unless admitted in this Defence.
3. The facts are that the vehicle registration xxxx of which the defendant is the registered keeper but on this occasion was not the driver appears from the sparse evidence supplied by the claimant to be parked on the material date on xxx
4. It is denied that a charge notice was affixed to the vehicle on the material date given the particulars.this claimant is known to routinely affix misleading pieces of paper in red and black envolopes impersonating Authority bearing the legend ' this is not a parking charge notice' and therefore the driver was not served with a document that created any liability for any charge what so ever the claimant is put to strict proof.
5. The signage in the car park is of a “forbidding” nature. It is limited to vehicles displaying a valid permit only and therefore the terms cannot apply to vehicles without a valid permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.
6. 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. The signage is attached to a Railing within the industrial estate and reads: 'By entering this private land you are entering into a contract with Vehicle Control Services'. This sign is only visible after entering the car park
7. The claimant had confirmed in writing to the keeper that they were not citing the Protection of Freedoms Act 2012 (POFA) nor stated that the keeper was liable for the charge. Yet they were issuing the driver with the penalty at the registered keepers address.
8. The Particulars of Claim state that they believe the Defendant was the registered keeper and/or the driver of the vehicle. 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. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.
9. 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.
10. At best, parking without authorisation could be a matter for the landowner to pursue, in the event that damages were caused by a trespass. A parking charge cannot be dressed up by a non-landowner parking firm, as a fee, or a sum in damages owed to that firm for positively inviting and allowing a vehicle to trespass. Not only is this a nonsense, but the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67, confirmed that ParkingEye could not have pursued a sum in damages or for trespass.
11.The Claimant is put to strict proof that it has sufficient proprietary interest in the land, and written authorisation from the landowner by way of an unredacted contract, confirming that they have authority to issue hybrid non-CNs, which are neither one thing nor the other, and create no certainty of contract or charge as per the procedure set out in paragraph 8 of the POFA, and to pursue payment by means of litigation.
12. The Protection of Freedoms Act 2012, Schedule 4 (POFA) makes it clear that the will of Parliament regarding parking on private land is that the only sum potentially able to be recovered is the sum in any compliant 'Notice to Keeper' (and the ceiling for a 'parking charge', as set by the Trade Bodies and the DVLA, is £100). This also depends upon the Claimant fully complying with the statute, including 'adequate notice' of the parking charge and prescribed documents served in time/with mandatory wording. It is submitted the claimant has failed on all counts and the Claimant is well aware their artificially inflated claim, as pleaded, constitutes double recovery.
13 ''IT IS ORDERED THAT The claim is struck out as an abuse of process. The claim contains a substantial charge 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 nor with reference to the judgment in ParkingEye v Beavis. 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. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...''
14. 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.
I believe the facts contained in this Defence are true.
Name
Date
And help me out thanks
DEFENCE
1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
2. Each and every allegation in the claimants statement of case is denied unless admitted in this Defence.
3. The facts are that the vehicle registration xxxx of which the defendant is the registered keeper but on this occasion was not the driver appears from the sparse evidence supplied by the claimant to be parked on the material date on xxx
4. It is denied that a charge notice was affixed to the vehicle on the material date given the particulars.this claimant is known to routinely affix misleading pieces of paper in red and black envolopes impersonating Authority bearing the legend ' this is not a parking charge notice' and therefore the driver was not served with a document that created any liability for any charge what so ever the claimant is put to strict proof.
5. The signage in the car park is of a “forbidding” nature. It is limited to vehicles displaying a valid permit only and therefore the terms cannot apply to vehicles without a valid permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.
6. 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. The signage is attached to a Railing within the industrial estate and reads: 'By entering this private land you are entering into a contract with Vehicle Control Services'. This sign is only visible after entering the car park
7. The claimant had confirmed in writing to the keeper that they were not citing the Protection of Freedoms Act 2012 (POFA) nor stated that the keeper was liable for the charge. Yet they were issuing the driver with the penalty at the registered keepers address.
8. The Particulars of Claim state that they believe the Defendant was the registered keeper and/or the driver of the vehicle. 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. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.
9. 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.
10. At best, parking without authorisation could be a matter for the landowner to pursue, in the event that damages were caused by a trespass. A parking charge cannot be dressed up by a non-landowner parking firm, as a fee, or a sum in damages owed to that firm for positively inviting and allowing a vehicle to trespass. Not only is this a nonsense, but the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67, confirmed that ParkingEye could not have pursued a sum in damages or for trespass.
11.The Claimant is put to strict proof that it has sufficient proprietary interest in the land, and written authorisation from the landowner by way of an unredacted contract, confirming that they have authority to issue hybrid non-CNs, which are neither one thing nor the other, and create no certainty of contract or charge as per the procedure set out in paragraph 8 of the POFA, and to pursue payment by means of litigation.
12. The Protection of Freedoms Act 2012, Schedule 4 (POFA) makes it clear that the will of Parliament regarding parking on private land is that the only sum potentially able to be recovered is the sum in any compliant 'Notice to Keeper' (and the ceiling for a 'parking charge', as set by the Trade Bodies and the DVLA, is £100). This also depends upon the Claimant fully complying with the statute, including 'adequate notice' of the parking charge and prescribed documents served in time/with mandatory wording. It is submitted the claimant has failed on all counts and the Claimant is well aware their artificially inflated claim, as pleaded, constitutes double recovery.
13 ''IT IS ORDERED THAT The claim is struck out as an abuse of process. The claim contains a substantial charge 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 nor with reference to the judgment in ParkingEye v Beavis. 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. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...''
14. 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.
I believe the facts contained in this Defence are true.
Name
Date
0
Comments
-
Name the claimant and the issue date
Has the claimant added spurious costs to the claim ?
If so , read the abuse of process thread by beamerguy and add the paragraphs by coupon mad0 -
You need to keep everything in the one thread
You can see how busy this forum is
It would be impossible if everyone simply started a new thread at each development of the game!
And you cannot expect us to search for your original thread to get the circumstances of your case
Copy and paste your post into your original thread
Then use edit to alter your post to read "duplicate thread please ignore"
And edit/advanced to edit your title to read the same and let this thread die0 -
Sorry about that am quite new to all this0
This discussion has been closed.
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