Urgent help needed UK Car park management PCN

Winston_17

I have drafted the following defence. Would be grateful for some advice on content and wording.


IN THE COUNTY COURT
CLAIM NO:
BETWEEN
XXXXXXXXXXXXXXX –(CLAIMANT)
-AND-
XXXXXXXXXXXXXX – (DEFENDANT)

DEFENSE STATEMENT

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 is the registered keeper, was parked on the material date in the XXXXXXX Car Park and had a valid permit to be parked.

3. The particulars of claim state that the Defendant parked in breach of the terms of parking stipulated on the signage at XXXXXXXXXXXXX car park. The Defendant denies parking in this car park. Signage at the site in question clearly identifies it as XXXXXXXXX car park.


4. The particulars of claim do not meet the requirements of Practice Direction 16 7.5 as
there is nothing which specifies how the terms were breached. Indeed the particulars
of claim are not clear and concise as is required by CPR 16.4 1(a). The Claimants are known to be serial issuers of generic claims similar to this one. HM Courts Service
have identified over 1000 similar sparse claims. I believe the term for such behaviour is roboclaims and as such is against the public interest.
Practice Direction 3A which references Civil Procedure Rule 3.4 illustrates this point:1.4 The following are examples of cases where the court may conclude that particulars of claim (whether contained in a claim form or filed separately) fall within rule 3.4(2)(a):
1. those which set out no facts indicating what the claim is about, for example ‘Money
owed £1000’,
2. those which are incoherent and make no sense,
3. those which contain a coherent set of facts but those facts, even if true, do not
disclose any legally recognisable claim against the defendant
There is no information regarding why the charge arose, what the original charge
was, what the alleged contract was nor anything which could be considered a fair
exchange of information.
The Particulars of Claim are incompetent in disclosing no cause of action.
Albans County Court without a hearing due to their ‘roboclaim’ particulars being
incoherent, failing to comply with CPR. 16.4 and ‘providing no facts that could
give rise to any apparent claim in law.’



5. The Claimant has provided four photographs in support of their claim which are in contradiction with the IPC and BPA code of practice of which the Claimant is a member. The defendant has reason to believe the photographs taken of the vehicle registration XXXXXX were obtained during the ‘grace period’ afforded to drivers as is set out in both IPC and BPA code of practice. IPC states13.1 Motorists must be allowed a sufficient consideration period so they may make an informed decision as to whether or not to enter or remain on the private land. The BPA states - 13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.

6. The photographs are of poor quality and mostly irrelevant.

7. 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.

8. 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.


I believe the facts contained in this defence statement are true.

Signed


Dated

KeithP

The last sentence of para 4 seems out of place:

Albans County Court without a hearing due to their ‘roboclaim’ particulars being incoherent, failing to comply with CPR. 16.4 and ‘providing no facts that could give rise to any apparent claim in law.’

It actually looks like half a sentence.

Winston_17

I should have deleted it, i was going to add the paragraph below, but thought it might become too wordy? Should i include it or leave it out? Is the rest ok?

The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence.
It just states “in breach of the terms of parking” which does not give any indication of on what basis
the claim is brought.
There is no information regarding why the charge arose, what the original charge
was, what the alleged contract was nor anything which could be considered a fair
exchange of information.
The Particulars of Claim are incompetent in disclosing no cause of action.
5. On the 20th September 2016 another relevant poorly pleaded private parking
charge claim by Gladstones was struck out by District Judge Cross of St
Albans County Court without a hearing due to their ‘roboclaim’ particulars being
incoherent, failing to comply with CPR. 16.4 and ‘providing no facts that could
give rise to any apparent claim in law.’

Coupon-mad

DEFENSE STATEMENT

Both the above words are wrong, and you have copied such an old defence I am not sure where you found it, is it one of the 17 examples in the NEWBIES thread?

Winston_17

It is in the Newbies thread and i thought was the most relevant to my case,
Any advice - I need to submit by the end of today

KeithP

Winston_17 wrote: »

- I need to submit by the end of today

Why is that then?

Earlier, in post #5 above, I wrote...

...you have until 4pm on Monday 11th November 2019 to file your Defence.

Umkomaas

KeithP wrote: »

Why is that then?

Earlier, in post #5 above, I wrote...

Perhaps to make people jump to it? A bit like all the ***URGENT*** cases we get every day demanding instant attention!

Le_Kirk

Umkomaas wrote: »

Perhaps to make people jump to it? A bit like all the ***URGENT*** cases we get every day demanding instant attention!

When I see those, I always type quickly!

Winston_17

I'm going away to visit my son so need to send it before i go. I'm leaving tomorrow after work and won't be back until after the deadline of the 11th.

Winston_17

Uk car park management/Gladstones have not submitted a witness statement or evidence and the deadline is now passed. Is this usual? If not what does it mean??