hi. I have received a county court claim form from Northampton.

Ballistic87

I submitted the SAR on the 20 September. I thought they would have replied by now. Anybody have any idea what I should do in the meantime? Like defence wise.

KeithP

Ballistic87 wrote: »

I submitted the SAR on the 20 September. I thought they would have replied by now.

They have one calendar month to respond to a SAR.

They are unlikely to rush. There's no money in responding to SARs.

Ballistic87 wrote: »

Anybody have any idea what I should do in the meantime?

Write your Defence.

Do not miss your Defence filing deadline.

The SAR response is likely to be of far more use at Witness Statement time.

Re-read the first few lines of post #25 - by Redx.

Redx

Ballistic87 wrote: »

I submitted the SAR on the 20 September. I thought they would have replied by now. Anybody have any idea what I should do in the meantime? Like defence wise.

whereas the rest of us thought they would have replied by the 18th of october

Ballistic87

Ok. I understand. Please can somebody just give me some pointers as to where I should look to draft my defence? What should I type in the search box? Thank.

Redx

read the newbies thread post #2 where 17 are linked , if in doubt start with the concise defence by bargepole and adapt it

then put the title of a well know QUEEN hit into the forum search , and read all the completed winning cases

hint AOBTD

Ballistic87

Hi guys. Ive sent off my defence. Sorry for not posting a draft. I’ve had a hectic schedule and almost forgot about it. 🤦!♂️


THE COUNTY COURT BUISNESS CENTRE NORTHAMPTON

CLAIM No: xxxxxxx

BETWEEN:

UK CAR PARK FRAUDSTERS/SCAMMERS/MOBSTERS (UKCPFSM) (Claimant)

-and-

Xxxxxxxx (Defendant)

________________________________________
DEFENCE
________________________________________

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

2. The facts are that the vehicle, registration Xxxxxxx, of which the Defendant was the hirer of the vehicle at the time , was parked on the material date in a marked bay allocated to Company UKCPM at Xxxxxxxxx xxxxx xxxxxxx

3. The Particulars of Claim state that the contravention reason was “ a breach of the terms of parking stipulated on the signage at said location on 15/08/2018, which in turn invited a pcn. The pcn was not paid within 28 days thus incuring a £72.50 charge. Plus £25 court fee and £50 legal fee, bringing the total amount to £247.50


4. UK-CPM has forfeited its right to keeper liability. I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by UK- Car Park Management Ltd (“UKCPM”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why UK-CPM’s Notice to Hirer did not comply with POFA; in order that you may understand why, and to not fill this defence with various legislative text , I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular

5. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices in these circumstances, and to pursue payment in the court in their own name. Even if they hold such authority, the Claimant is put to strict proof that this authorisation expressly allows litigation against patrons even when the business in fact supports the Defendant in wanting an unfair charge to be cancelled. It is a well known fact ( and this can be easily verified by making a call to the said business “xxxxxxx” when a large order is placed, instead of being immediately served, customers are asked to “wait in the car park” while there large order is being prepared, this wait, along with the waiting time in the cue can easily take up to an hour and then on top of this there is dining time, this means it is entirely unreasonable to place a time limit for parking in such a location. When the actual buisness cannot cater to the customer within said time limit.

6. 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.

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

8. The terms on the Claimant's signage were displayed in a font which is too small to be read from a passing vehicle especially in the dark, 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.

9. It is also put to the claimant that there is not adequate signage at the car park, when entering the car park there is no clear signage to point out the terms of parking, there is however 1 very vague signpost in the middle of the car park which would not be visible if you were parked in a certain direction or certain location within the car park. Also upon entering the premises there is no mention from any of the staff members or any signage setting out the terms. Photographs from today (3rd October 2019) clearly show what I am referring to. And can be produced should they be required.

9. 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 £72.50, for which no explanation is given and also adding a further £75 in fees, and which appears to be an attempt at almost tripling recovery. As per claim number F0DP201T District Judge Taylor (Southampton Court, 10th June 2019) the substantial additional charge is an abuse of process.

10. 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
Xxxxxxxxxxx

Date 03/10/2019

Le_Kirk

As you have submitted it, it is too late but defences should be written in the third person and you have several "I" in there. Also the type of line in a shop is a queue not a cue! Maybe you can, when you write your witness statement, at least check it for typos and incorrect spelling before submitting. Doubt it changes the fundamental thrust of your defence but it is better to be right in a court.

Ballistic87

Hi. Thanks for the advice. Any idea what happens now? Is it a waiting game or should I be expecting something? Also what are the chances that the court dismisses the case based on my defence?

KeithP

Ballistic87 wrote: »

Hi. Thanks for the advice. Any idea what happens now? Is it a waiting game or should I be expecting something?

I had hoped that points 7 and 8 in the list in post #5 above would answer that question.

Ballistic87 wrote: »

Also what are the chances that the court dismisses the case based on my defence?

No chance of that - or rather, a very, very slim chance.

You really need continue reading post #2 of the NEWBIES thread.
In there you will find full details of everything that happens between now and a Judgment being made.

AberdeenTyke

Which Judge signed it? Who stamped it? It's not even a court, it's a bulk clearing centre. There's no judge n the land prepared to sign this bog roll.
Throw it in the bin.