Claim form defence - Help Please

30057207

Had done a rough defence for a claim form that I have received from One Parking Solutions. Any help or advise would be great please.

PCN Number (Parking Charge Number)
XXXXXXXX

Date (issue date)
XXXXXXXX

Defence:

On the XXXXXXXXX when this ticket was issued, my car was having it’s yearly MOT at R J Engineering Sussex, UNIT B8-B11 ENTERPRISE ESTATE, Crowhurst Rd, Brighton BN1 8AF Over 2 years ago. I parked my car directly outside their garage and left my keys at reception and was informed they would call me once the test was complete.

I received a phone call later that day to inform me that the test was complete and was ok for me to go and collect my car. I returned to the garage to pay the bill and receive my keys. On returning to my car where the garage had parked it, there was no evidence of a ticket on my car window.

The garage had parked my car on the road where they shouldn’t have of and unbeknown to me, I had been issued a parking fine.

I have asked One parking Solutions to provide ticket and photo evidence of my car which they have provided and shows where the garage had parked my car after its MOT. Enterprise Estate, Brighton BN1 8AF is where they have issued the ticket.

More than over 2 years since this ticket was issued without me knowing, I then received a claim form through the post saying I now owe One parking Solutions Ltd £267.12 from an original £60.00. I never had a ticket on the car when I collected it from the garage and the letters, they have sent me I have never received either as they were sent to my previous address, where the car was registered. This is the only thing that I had forgot and overlooked to change to my new address along with all my other paperwork.

The solicitors they are using are, DCB Legal LTD and had managed to get my new address and this is how I have found out about the claim.

The day that I opened the claim letter I made phone calls straight away to find out where I had incurred this fine. After speaking to One Parking Solutions Ltd who informed me of the location of the fine. With this I then called R J Engineering Sussex to ask them the date of when my vehicle’s MOT was. They confirmed that the date was XXXXXX the same date that the ticket was issued.

I then e-mailed One Park Solutions to ask for a SAK (subject assessment request) to provide to me the ticket that was issued on that day which wasn’t on the vehicle on my return.

Fruitcake

REDACT THE CHARGE NUMBER and any other personal data!

It is not a fine.

Never ever 'phone a parking scammer.

Write to OPS and give them the garage details, stating they were the keeper at the date of the alleged event.

Your problem will be if the garage ignore this or deny they parked the car, so you have to assume you are going to court. You need to follow the guide to court written by bargepole until and unless this has been resolved beforehand.

The_Deep

I now owe One parking Solutions Ltd £267.12

You owe them nothing unless a judge says so, and, as this is a blatant abuse of process, he/she is likely to throw the case out, read this,

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

[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]

KeithP

What is the Issue Date on your County Court Claim Form?

Le_Kirk

That's not a defence, it is more like a Witness Statement. Go to the NEWBIE sticky post # 2 and scroll down until you see: -

Here are some defences .................

and you will find 17 pre-written defence examples. Pick the one that most nearly suits your situation and adapt to suit.

30057207

issue date was the 27/11/2019. have already sent off the response letter to get 28 days to supply a defence.

ok thank you, will look at the newbie page now.

KeithP

30057207 wrote: »

issue date was the 27/11/2019. have already sent off the response letter to get 28 days to supply a defence.

With a Claim Issue Date of 27th November, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 30th December 2019 to file your Defence.

That's three weeks 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.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. 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.
   
6. 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.
   
7. 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.

30057207

Thank you KeithP. Been looking through loads of other posts and finding it hard to find any at all in the same position as me with someone else having a garage park the car for them in a palace they say it shouldn't of been

Le_Kirk

30057207 wrote: »

Thank you KeithP. Been looking through loads of other posts and finding it hard to find any at all in the same position as me with someone else having a garage park the car for them in a palace they say it shouldn't [strike]of[/strike] have been

Your defence is that you were not the driver. Has the Parking Company complied with POFA and can they hold the keeper liable? Presumably you contacted the garage and asked them to either have the PCN cancelled or pay your invoice for you. What was their response? You could try telling then that you will call them as witnesses and require one of the directors to attend court to explain why they parked YOUR can where they did.

30057207

ok second try at a defence! suggestions appreciated again thank you.

Date:

The particulars of the claims are as follows;

'The driver of the vehicle with registration XXXXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at XXXXX Site on 25/5/2017, thus incurring the parking charges (the 'PCN's'). The PCN's were not paid within 28 days of issue. The Claimant claims the unpaid PCN's 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 £160 per PCN, £60.00 per PCN contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £37.80 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

Breakdown of Costs;
Amount claimed: £192.12
Court Fee: £25.00
Legal representative’s costs: £50.00
Total amount: £267.12

What happened:

1. At the time of the initial PCN (25/05/17) my car was having it’s yearly MOT at R J Engineering Sussex, UNIT B8-B11 ENTERPRISE ESTATE, Crowhurst Rd, Brighton BN1 8AF. I parked my car directly outside the garage and left my keys at reception and was informed they would call me once the test was complete.

After receiving a phone call from the garage (R J Engineering Sussex) to say my car was ready for collection, I returned to pay, collect my keys and drive my car away from where the garage had parked and left my car.

I have put in an SAR to One Parking Solutions Ltd and have received back the original PCN, with their picture evidence. The pictures are of my car are very clear but the picture of the parking ticket sign is a very blurred. I can’t read the writing of the sign at all due to the poor-quality image.



IN THE COUNTY COURT

CLAIM No: xxxxxxxxxx

BETWEEN:

ONE PARKING SOLUTION LTD (Claimant)

-and-

xxxxxxxxxxxx (Defendant)

________________________________________
DEFENCE
________________________________________


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

2. The Particulars of the claim state that the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

3.The defendent has never received any letters as they were sent to his previous address, where the car was registered. This is the only thing that the defendant had forgotten to carry out when moving to a new house which is a very busy and stressful time and something that can easy be overlooked.

4. The facts of the matter are that the Defendant at the time of the initial private parking charge notice, was not the actual person who chose to park at the particular site. The defendant had left his car in the trust and safe keeping of the MOT garage.

5. The garage who is a well-established business and has been trading from these premises for many years and know where their customers cars can and can’t be parked and left should be the one liable for this fine.

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

7. 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.

8. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs per PCN to pursue an alleged £100 debt (per PCN). The Protection of Freedoms Act 2010, 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

9. 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:

Coupon-mad

30057207 wrote: »

Thank you KeithP. Been looking through loads of other posts and finding it hard to find any at all in the same position as me with someone else having a garage park the car for them in a palace they say it shouldn't of been

search defence POFA keeper definition

or similar.

You do not need a defence that covers all that, just a ''not the driver/keeper'' defence.

I will add you to my allowed pm list as you are a fellow BHA fan! It means you can now private message me and I will help you in court if I am free and we can exchange emails.