Letter of Claim - Called my Bluff

basher52

Sorry, obviously inept at this, how do I start a new thread?

Redx

Top of this parking forum
Use the button called new thread on the left
Or click the forum tools button on the thick line above the threads and choose new thread

phily_b

Hi everyone. So on the 8th July 2020 I received my Court Claim Form for a PCN from Bank Park Management. From looking at the forum it seems I am not the only one!!!
The amount claimed is for £183.38 (plus court and legal fees) so a not insignificant amount. I have been in two minds whether to just pay it but I have come this far (two year old PCN) and it would be too easy to give into these scammers.

I will go ahead and do a bit more research into the next steps like the AoS and piece together a defence to share in this thread.

phily_b

Hi @KeithP , yes the Issue date is the 8th July 2020. Seems they have gone on a claiming spree.
Hi @Coupon-mad, by piecing together a defence I meant using the template! Cant imagine it deviating much from the template but will give it the once over.
I assume even though I have a paper copy of the AoS in my bundle I do it all online and I don't have to post anything? If that is in the Newbie thread then apologies.

KeithP

phily_b said:

...the Issue date is the 8th July 2020.

With a Claim Issue Date of 8th July, you have until Monday 27th July to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 10th August 2020 to file your Defence.

That's almost four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

nosferatu1001

Every single part of the complete court process is in the newbies thread. ANY question you have on process is almost certainly covered there
So ANY quesiton you have, look there first. Thanks

phily_b

Hi everyone.
I have filled out the defence template as best I could, deadline is the 10th August.
Regarding the defence, sections 17 and 18 are very light in detail, to the point were I haven't included them at all. I don't think 17 applies to me as there would be no other driver, and 18 is to do with the car park but it was two years ago and I am not sure it is even open now.
My research brought up the following. Do you think it would be worthwhile adding something like this?

1. The Defendant was the registered keeper of 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. The facts of the matter are that the Defendants vehicle was parked in a parking bay that was not clearly designated for disabled use only. Given this lack of clarity regarding how or where the Defendant is, or is not, allowed to park in this car park, no contract can be construed from the Claimant's signage, under the contra proferentem principle.

3. 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.

4. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, 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.

5. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

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.

I do recall that this was the time of year when my heavily pregnant wife was in hospital with our first child with pregnancy issues, and I was in an unfamiliar town collecting supplies. Are life situations taken into account or is it a fairly compassionless process? Will laying it on thick have any bearing at all?

This section, and the witness statement will be the weakest part of my defence so any pointers will be greatly received.
Thanks.

Le_Kirk

Paragraphs 17 & 18 were written as template examples to help you fit in your particular circumstances.  You need to defend anything that the claimant has put in the Particulars of Claim (POC) by refuting what they say.  Courts and judges MIGHT take into account mitigating circumstances (life circumstances) but that is better saved for the witness statement.  For example if it is an "overstay" AND your "heavily pregnant wife" was in the car with you, you might have a case for "additional time".  If they are claiming you didn't buy or display a ticket, you must say you did and put the claimant to full proof that you didn't .  It is for them to prove their claims!

Coupon-mad

 The facts of the matter are that the Defendants vehicle was parked in a parking bay that was not clearly designated for disabled use only.

Whyare you looking for an older template - and is that even relevant to the parking charge situation?

#17 and #18 is where YOU write what you know about the car park and event and whether you were driving etc.  Have another go.

phily_b

The problem is I am not sure what angle to take, it is obvious who the driver is and I didn't know this charging technology existed before I got this notice so taking a chance for 5 mins parking seemed low risk. Everyone else seems to have a solid case. Will persevere and come up with something. Thanks again for dragging me through this it really is appreciated.