Defending of a county court claim

Coupon-mad

nosferatu1001 said:

Obviously if you didnt receive a LBC, then instead of stating the LBC didnt contain sufficient detail, you state that tey did not serve  you one at all... its worse NOT to send one at all than to send a poor one, think about it

I agree the OP just needs to slightly re-word that paragraph to say no Letter before Claim was served, at all, let alone copies of the contract (the sign) or anything that resembled compliance with the pre-action protocol for debt claims.

brokebas12

Thanks - Simple update below.

In the alternative, the defence is prejudiced and the court is invited to note that, contrary to the Pre-Action Protocol for Debt Claims, no Letter Before Claim was served nor any evidence of any breach, also failure to append the wording of the sign or consumer notice.  Further, the Particulars of Claim are embarrassing and incoherent, lacking specificity of the contracting parties and failing to detail any conduct or liability that could give rise to a cause of action.  There is insufficient detail to ascertain the nature, basis and facts of the case but the sum claimed includes unrecoverable costs/damages and is clearly an abuse of process.

Coupon-mad

Nicely worded.
Can I check, was the 50p paid or (if not) could it be argued as part of your defence, that the car was only photographed for less than 10 minutes, therefore no BPA grace period was allowed, to read the sign and buy a ticket?

brokebas12

SAR received, 'no pay and display data available'...

From OPS below.
'On XX.12.2018 we received correspondence nominating you as the driver of the vehicle. A Notice to Driver was sent on XX December 2018. The charge was not paid or appealed and it was sent to ZZPS for debt recovery on XX.1.2019. (one day later) It remained unpaid and was passed to DCBL for litigation on XX.9.2019.'

I personally did not send the correspondence nominating myself as the driver, a family member did. I have only just become aware of this correspondence today, how will this affect my case?

Looking back at my letters, I also did recive an LBC.
Going to update defence to suit.

brokebas12

Coupon-mad said:

Nicely worded.
Can I check, was the 50p paid or (if not) could it be argued as part of your defence, that the car was only photographed for less than 10 minutes, therefore no BPA grace period was allowed, to read the sign and buy a ticket?

In the SAR the photographs time stamps are over the grace period 

Coupon-mad

Send me a link to the SAR, by private message.

brokebas12

brokebas12 said:

I personally did not send the correspondence nominating myself as the driver, a family member did. I have only just become aware of this correspondence today, how will this affect my case?

I am going to submit my defence, just wanted to bring this comment back life before I do so.

nosferatu1001

Yes, and?
if you were the driver, nothing is changed
if you weren't you need t9 explain how the family member got it wrong. 

brokebas12

Defence received.
Have any of you read this also? https://dcblegal.co.uk/parking-charges/ 
Interesting...

nosferatu1001

So did you explain the above?

oh no a parasite makes things sound scary...