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county court claim form

edited 30 November -1 at 12:00AM in Parking Tickets, Fines & Parking
23 replies 637 views
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  • I think these are the relevant points but would welcome any comments.

    • Parking sign is inside window and so not visible from a moving vehicle (photo 1)
    • No separate or specific parking bays – large enough for three cars (photo 2)
    • Two other businesses at same location without parking restrictions (photo 2)
    • Parking sign is small and not fixed to window well (photo 1)
    • Only one photograph of vehicle stopped with actual time no second photo to indicate how long vehicle was stationary (doc 1)
    • Claim is based on vehicle being left unattended(doc 1) but there is no evidence to support this.
    • Vehicle only stopped to let passenger alight – but was asked to move by vet and did so straight away
    • Vehicle therefore was not stationary long enough to exceed “grace period” (doc 2)
    • On what basis did the camera operate – what was the time interval between photographs?
    • SAR request was made to CPM on 15th September and as yet no response.
    • Maximum claim for parking is £100 but CPM are claiming £160

    Photo 1 is a close up of the vets window with the A3 size CPM paper sign stuck to the window
    Photo 2 is of the parking bay and adjacent businesses a hairdressers and a laundrette and shows the parking sign in the window again
    Doc 1 is the first PCN notice with a time and a photo of the rear of my vehicle outside the vets
    Doc 1 states " It is the drivers responsibility when leaving their vehicle unattended to observe the area and check parking is permitted"
    Doc 2 is my original appeal to CPM and sites grace period (part b 15.1 IPC code)
  • Coupon-madCoupon-mad Forumite
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    You have the right idea with that list, and can build on all that later at WS and evidence stage. Very good.

    No photos or evidence go with a defence.

    When you've done it, search the forum for Jack Chapman signature to learn from other UKCPM cases and prepare for what needs to be done next.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • How about this?

    IN THE COUNTY COURT

    CLAIM No: xxxxxxxxxx

    BETWEEN:

    UK CAR PARK MANAGEMENT LTD (Claimant)

    -and-

    xxxxxxxxxxxx (Defendant)

    ________________________________________
    DEFENCE
    ________________________________________

    1. The Defendant denies that the Claimant is entitled to the sum claimed, or at all.
    2. The facts are that the vehicle registration XXXX, of which the defendant is the registered keeper stopped on the material date in an unmarked layby at The XXXX in XXXX for a period of time significantly less than the “grace period”
    3. The particulars of the claim state that the Defendant XXXX the registered keeper/driver of the vehicle parked in breach of the terms of parking stipulated on the signage.
    4. 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.
    5. There is no large easily visible parking signage in the area
    6. Parking signage is attached to the inside of a window at business A and so not visible from a moving vehicle
    7. Parking signage is approximately A3 with small type and not securely or permanently fixed to a window and it is difficult to read and so it is denied that the signage can create a legally binding document
    8. The signage states “Permits must be displayed in windscreens at all times. No parking outside of a designated area/parking bay” The photograph of the defendants vehicle is of the rear of the vehicle so can not establish that a permit is not visible in the windscreen. The layby does not have any area or parking bay designated to the business A.
    9. Two other businesses are adjacent to business A and vehicles are able to use the layby to access them and they do not have parking restriction signage in their windows so it is unclear what area the parking restrictions apply to.
    10. The Claimant has not proved that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation
    11. The Claimant has only supplied one photograph of the defendants vehicle with a specific time 13:51, they have not provided any evidence to indicate how long the defendants vehicle was stationary
    12. Claim is based on vehicle being left unattended but there is no evidence to support this
    13. The defendants vehicle stopped to let a passenger alight – the driver was asked to move to allow another vehicle to park and did so straight away.
    14. The defendants vehicle was stationary for a short period of time and therefore did not exceed the grace period(part b 15.1 IPC code) .
    15. It has not been made clear on what basis the camera operated – was there a specific time interval between photographs? If so the absence of a second photograph could indicate the maximum period that the defendants vehicle was stationary for.
    16. The Defendant made a SAR request to CPM on 15th September to aid in the defence of this case and as yet the Claimant has not provided a response. Further requests for personal information were made on 5th December.
    17. 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 £60, for which no calculation or explanation is given.
    18. In summary, it is the Defendant's position that the claim 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
    Signature
    Date
  • Now modified slightly and e mailed to CCBCAQ
  • I have received the Directions questionnaire ( small claims track) and a mediation service suggestion. Is there any value in engaging in mediation with offer of a small amount £1 say or would it be a waste of time - I think I can guess the answer!
  • Le_KirkLe_Kirk Forumite
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    I have received the Directions questionnaire ( small claims track) and a mediation service suggestion. Is there any value in engaging in mediation with offer of a small amount £1 say or would it be a waste of time - I think I can guess the answer!
    If you guessed "None whatsoever" you were correct.
  • Yep that's what i thought - thanks anyway
  • Next question - is there value in a second witness - my wife - corroborating what I say?
    It appears to me the PC case is so weak - ie poor temporary signage, no distinctive marked parking area, single photo of my vehicle - so no indication of duration, other businesses at same parking bay, PC not responded in time to SAR request etc
    That an additional witness may not be needed?
  • Coupon-madCoupon-mad Forumite
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    Additional witnesses, if she is also happy to attend court in person with you, add a LOT of weight to a case. The Judge will find his or her job easier if you and your WS are telling him/her the same thing. It can be compelling.

    And as it is UK CAR PARK MANAGEMENT, I hope you read what I told you to read?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • On the notice of Proposed Allocation to the small claims track N149A form it says you must complete by date XXX and file with county office in Northampton and then underneath the address box it says "and serve copies on all other parties" ]this is however not mentioned on Directions Questionnaire it just instructs to send to adress on N149A.
    Which is correct??
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