HELP! Can you check my defence for me? (Steps after Claim Form?)

benjward

Firstly, thank you for the serious amount of work and attention put into this forum. It's very much appreciated. These PCN companies are crooks (I'm dealing with Vehicle Control Services LTD, and BW Legal).

What they do makes my blood boil. So thank you once again for helping us fight them.

I've just received a Claim Form for a case going back to 2016, and I have a few questions if anyone can help?
I have read the Newbie thread and downloaded and completed the template defence. (Again, THANK YOU!!!)

This is the bit I have put in section 18 (the specifics for my case). Is it acceptable?

The Defendant had a valid permit for a specific bay in the car park and was under the reasonable impression that the car was in fact in the correct parking bay. The painted number that identified the parking bay was worn away to the extent of making it misleading, as can be seen by photographic evidence. In particular, the 160 bay paint marking was worn away to look like 161. The car had and was correctly displaying a permit for the bay 161, as can also be seen from photographic evidence. The Defendant cannot be expected to read worn away paint, and cannot be held liable for any alleged contravention. Furthermore, in subsequent correspondence, the Claimant has failed to explain why they think it reasonable to expect the Defendant to be able to read worn paint. The Claimant must know that their claim is unenforceable, and to continue to press their claim can be considered intimidation by the threats of a barrage of debt demands and the possibility of facing court, and the demand for payment of a legally unrecoverable sum to make it go away.  Such conduct has no proper function in the recovery of alleged consumer debt.

Also, I have edited section 17 to look like this (again, is this acceptable?)

The Defendant was not the only driver of this vehicle and the Particulars of Claim offer little to shed light on the alleged breach, which relates to an unremarkable date some time ago. A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

I have completed Acknowledgement of Service on the MCOL govt website.

As I understand it, my next steps after I finish it, is to send the defence and then to follow the step is the 'Suggested template defence' thread here: https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Any other thoughts?

You guys and gals rock 

KeithP

Hello and welcome.

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

A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

So which is it - paragraph 8 or paragraph 9?
It depends on whether or not there was a Notice to Driver.

Umkomaas

Was this a parking bay allocated to your residence?

benjward

Thanks KeithP.
Issue date is 2nd June 2020

KeithP

benjward said:

Thanks KeithP.
Issue date is 2nd June 2020

Ahhh... when did you file an Acknowledgment of Service?
I guess it must have been earlier today.

That thread you linked to earlier stated:

FIRST THING TO DO - BUT NOT SOONER THAN DAY FIVE FROM THE 'ISSUE DATE':
Acknowledging service of a claim

benjward

@Umkomaas - no it was a parking bay allocated to a residence that I was visiting. (It was an AirBnb, so I don't know the owner, but I had a valid permit at the time. I just parked in the wrong bay because the paint was worn away.)

benjward

@KeithP - So which is it - paragraph 8 or paragraph 9? It depends on whether or not there was a Notice to Driver.
I'm not entirely sure. I didn't receive a notice to owner, (I think because, at the time, I responded directly to the ticket put on my car.) 

Umkomaas

benjward said:

@Umkomaas - no it was a parking bay allocated to a residence that I was visiting. (It was an AirBnb, so I don't know the owner, but I had a valid permit at the time. I just parked in the wrong bay because the paint was worn away.)

OK - understood. A long shot ...... do you have any photos?

benjward

@KeithP That thread you linked to earlier stated:

FIRST THING TO DO - BUT NOT SOONER THAN DAY FIVE FROM THE 'ISSUE DATE':
Acknowledging service of a claim

Whoops! I realised that when I started reading. Good job I did. I was about to send a quickly typed defence through the portal before I found this forum!

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

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 enacted

Just as the clampers were finally closed down, so hopefully will many 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.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

benjward

Umkomaas said:

benjward said:

@Umkomaas - no it was a parking bay allocated to a residence that I was visiting. (It was an AirBnb, so I don't know the owner, but I had a valid permit at the time. I just parked in the wrong bay because the paint was worn away.)

OK - understood. A long shot ...... do you have any photos?

Yes!! I have everything. All photos, the PCN, all my communications. Kept in a draw in anticipation for this day!