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WY Parking Limited Claim & Defence Response
bendyspoon
Posts: 19 Forumite
Hi all,
I'm looking for some assistance with my response to a court claim from some of you knowledgeable folk! I have read through quite a number of the newbies threads & general claim threads on here which I have based the defence response on.
I received a PCN for parking at my place of work on 24/10/18 for parking in the car park in breach of the terms of parking stiupulated on the signage.
I have since recieved all the usual letters etc & received a Court Claim form with an issue date 07.11.2019.
The particulars of claim state:
The driver of the vehicle with registartion xxxx xxx ('the vehicle') parked in breach of the terms of parking stipulated on the signage ('the contract') at xxxx Car Park on 24/10/2018 thus incurring the parking charge (the 'PCN'). The PCN was not paid within 28 days of issue. The claimant claims the unpaid PCN from the Defendant as the driver / keeper of the Vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £90 for the PCN, £60 contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of £11.48 pursuant to s69 of the County Courts Act 1984 at 8% per annum, continuing at £0.03 per day.
I can't attach an image but the the signage on the main entrance states:
PARKING BY PERMIT ONLY MON - FRI.
Unauthorised or incorrectly parked vehicles will be issued a fixed parking charge.
Other signage states:
WARNING PRIVATE PROPERTY
NO PARKING 24 HOUR ACCESS REQUIRED
CONTRACT TO PARK
A parking charge notice will be issued to all unauthorised vehicles using this site, a parking charge notice may be issued immediately or by post.
DO NOT PARK UNLESS YOU AGREE TO BE BOUND BY THIS CONTRACT
My defence letter is as follows:
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 xxxxx, of which the Defendant was the registered keeper on 24/10/2018, was parked on the material date in a marked bay at xxxxxx and had a valid permit registered to the vehicle xxxxx, to be parked in that bay.
3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.
4. 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. Accordingly, it is denied that the Defendant, failed to comply with ‘the contract’ advertised at xxxxxxx on 24/10/2018.
5. The terms on the Claimant's ‘contract’ 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 or in a safe manner from a vehicle. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.
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.
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.
Statement of Truth:
I believe that the facts stated in this Defence are true.
Name:
Signature:
Date:
Is there anything additional I can add in to this?
Thanks in advance for any assistance.
I'm looking for some assistance with my response to a court claim from some of you knowledgeable folk! I have read through quite a number of the newbies threads & general claim threads on here which I have based the defence response on.
I received a PCN for parking at my place of work on 24/10/18 for parking in the car park in breach of the terms of parking stiupulated on the signage.
I have since recieved all the usual letters etc & received a Court Claim form with an issue date 07.11.2019.
The particulars of claim state:
The driver of the vehicle with registartion xxxx xxx ('the vehicle') parked in breach of the terms of parking stipulated on the signage ('the contract') at xxxx Car Park on 24/10/2018 thus incurring the parking charge (the 'PCN'). The PCN was not paid within 28 days of issue. The claimant claims the unpaid PCN from the Defendant as the driver / keeper of the Vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £90 for the PCN, £60 contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of £11.48 pursuant to s69 of the County Courts Act 1984 at 8% per annum, continuing at £0.03 per day.
I can't attach an image but the the signage on the main entrance states:
PARKING BY PERMIT ONLY MON - FRI.
Unauthorised or incorrectly parked vehicles will be issued a fixed parking charge.
Other signage states:
WARNING PRIVATE PROPERTY
NO PARKING 24 HOUR ACCESS REQUIRED
CONTRACT TO PARK
A parking charge notice will be issued to all unauthorised vehicles using this site, a parking charge notice may be issued immediately or by post.
DO NOT PARK UNLESS YOU AGREE TO BE BOUND BY THIS CONTRACT
My defence letter is as follows:
IN THE COUNTY COURT
CLAIM No: xxxxxx
BETWEEN:
xxxxxx (Claimant)
-and-
xxxxxx (Defendant)
________________________________________
DEFENCE
________________________________________
CLAIM No: xxxxxx
BETWEEN:
xxxxxx (Claimant)
-and-
xxxxxx (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 xxxxx, of which the Defendant was the registered keeper on 24/10/2018, was parked on the material date in a marked bay at xxxxxx and had a valid permit registered to the vehicle xxxxx, to be parked in that bay.
3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.
4. 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. Accordingly, it is denied that the Defendant, failed to comply with ‘the contract’ advertised at xxxxxxx on 24/10/2018.
5. The terms on the Claimant's ‘contract’ 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 or in a safe manner from a vehicle. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.
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.
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.
Statement of Truth:
I believe that the facts stated in this Defence are true.
Name:
Signature:
Date:
Is there anything additional I can add in to this?
Thanks in advance for any assistance.
0
Comments
-
It's not Gladstone's who are the claimant , despite your title , it's a parking company , so name the claimant
Same comments apply as in this thread
https://forums.moneysavingexpert.com/discussion/5889094/help-with-ias-appeals-process&page=2
Read other ongoing and concluded court case threads , the same basics apply , so the more you read , the better prepared you are0 -
Thanks Redx, I will have a read through that link.....and the Abuse of Process post by coupon mad which makes for an interesting read!0
-
Agreed , you won't learn anything by staying in your own thread , find claims by your parking company (and other claims processed by Gladstone's too ) because you aren't the first and won't be the last , there are probably hundreds on here that are useful
Use the forum Search box to find completed claim successes , using a hit title of a Queen song and read those
Hint AOBTD0 -
THE CLAIMANT CLAIMS … £60 contractual costs
Almost certainly not allowed in law, they may have shot themselves in the foot, read this,
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
Also, familiarise yourself with forbidding parking signs, they do not amount to contracts.
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]You never know how far you can go until you go too far.0 -
I'll assume that you filed an Acknowledgment of Service before Monday 2nd December. Please confirm.bendyspoon wrote: »I have received a Court Claim form with an issue date 07.11.2019.
With a Claim Issue Date of 11th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th December 2019 to file your Defence.
That's less than a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
When you are happy with the content, your Defence could be filed via email as suggested here:-
Print your Defence.
- Sign it and date it.
- Scan the signed document back in and save it as a pdf.
- Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
- Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
- No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
- Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
- Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
0 - Sign it and date it.
-
Wow, I'm facing the same claim as yourself - I have my own thread.
Its so funny to see the claim wording identical to my case.0 -
-
None whatsoever.bendyspoon wrote: »Is there any downside to submitting the defence early ie today or tomorrow?
Have you taken note of the other replies?
I would suggest you leave it for a day or two to see if you get further comments.0 -
None whatsoever.
Have you taken note of the other replies?
I would suggest you leave it for a day or two to see if you get further comments.
I have yes and have reworded my defence a lot more towards the Abuse of Process post by coupon mad.
I will leave it for another couple of days prior to submitting & then we will see what happens.0 -
Wow, I'm facing the same claim as yourself - I have my own thread.
Its so funny to see the claim wording identical to my case.
I guess they are just a standard issue claim wording & they just change the names etc to suit. WY Parking Limited is actually the claimant in my instance despite the wrong title in the thread.0
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