Court claim for wrongly issue PCN

Coupon-mad

7. The Defendant has the reasonable belief that the Claimant has not incurred £157 [NOTE: the claim form says: £182 amount claimed (for £100 parking charge) plus court fee: £25 plus legal costs: £50 - so is £182 correct to put here?]   £82 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.

The sum you are putting there is £82.

That is a very concise defence and doesn't attempt to get the court to summarily strike out the Claim due to the added £82 which is an abuse of process.  We are moving more towards that now, to make Judges read the Warwick Order and learn what to do!

jstark

Coupon-mad said:

7. The Defendant has the reasonable belief that the Claimant has not incurred £157 [NOTE: the claim form says: £182 amount claimed (for £100 parking charge) plus court fee: £25 plus legal costs: £50 - so is £182 correct to put here?]   £82 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.

The sum you are putting there is £82.

That is a very concise defence and doesn't attempt to get the court to summarily strike out the Claim due to the added £82 which is an abuse of process.  We are moving more towards that now, to make Judges read the Warwick Order and learn what to do!

Thanks so sorry to clarify do you recommend any further amends to the wording for this bit any further apart from your markups on the £82?

nosferatu1001

Yes, it means - add in a huge amount about the unlawful extra £82, same as on the latest templates. 

1505grandad

As above - the paras/instructions required are in the post by C-m in the Abuse of Process thread as follows:-

https://forums.moneysavingexpert.com/discussion/comment/75937581#Comment_75937581

jstark

Thanks all the defence will be updated for your comments. Additionally, the SAR request has come through and all the parking company have are photo's of the front and back of the car with time stamps entering and leaving the car park. But no clear photo of the dashboard which would have shown a clearly displayed and valid parking ticket. As such should anything be incorporated into the defence to reflect this and is this enough to disprove their wrongful claim?

1505grandad

@OP -  in the last few days a suggested template defence to adapt for all parking charge cases where they add false admin costs has been posted by C-m  -  it may even mean the claim is thrown out:-

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

jstark

1505grandad said:

@OP -  in the last few days a suggested template defence to adapt for all parking charge cases where they add false admin costs has been posted by C-m  -  it may even mean the claim is thrown out:-

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Please delete 

jstark

jstark said:

Thanks all the defence will be updated for your comments. Additionally, the SAR request has come through and all the parking company have are photo's of the front and back of the car with time stamps entering and leaving the car park. But no clear photo of the dashboard which would have shown a clearly displayed and valid parking ticket. As such should anything be incorporated into the defence to reflect this and is this enough to disprove their wrongful claim?

Could anyone please clarify if the above can be incorporated into the defence as clearly the parking company has no valid evidence as everything was done properly? I.e noting that the parking company's evidence does not prove anything and just shows they are being opportunistic 

Coupon-mad

Yes.  Add that in if you have not yet filed the defence.

Use the new template defence with the 3 appendices, 3 cases, to try to get the case struck out. It won't take long to download and even if you had nearly done your defence please use that new one instead, as it's important we get cases struck out without hearings, as the first shot across the bows/first thing the Judge reads.  I think most new posters would prefer that line of attack!

jstark

Thanks I have used that with appendix a b and will separately attach C (the Southampton case) which the template refers to.