Defence template adjusted for parking charges.

Coupon-mad

OK, so that's why it was chucked out.  There is nothing there to state why and under which rule of law the Defendant owes you money.

DBTHype

Do I put the argument's I have from my original witness statement for why. As to under what rule of law I'm clueless? From my circumstance I believe PPL shouldn't of even been permitted to collect my details/address through my registration to of been able to bring me to court.

DBTHype

Sorry, I meant arguments from my original defence.

Coupon-mad

From my circumstance I believe PPL shouldn't of even been permitted to collect my details/address through my registration.

We've no idea what those circs were because none of us ever have time to go back to page one on a long thread.

Why do you say PPL owe you money? Why was the PCN unenforceable?

DBTHype

PPL owe me money because PPL brought me to court to charge me for an alleged parking contract to which I strongly disagree with. Within this process I have been denied access to justice and a fair trial.

PCN was unenforceable because.

(i) I had been parking in such manor for over 30 years which I can back up with paperwork.

(ii) Signage was incorrect (not only as what is laid out within the defence template for parking charges) but additional signs that IPC code states should be in place for new parking contracts.

(iii) I have two witness statements from PPL that claim they follow the IPC code to the rule. which I'd like to put them to strict proof to prove. Which if they can't possibly means they wouldn't be permitted to collect data from the DVLA as the IPC would impose sanctions.

(iiii) On the original claim form sent to me from the courts the PCN number has been duplicated meaning I've been charged double for the same ticket.

(iiiii) One of the photos from PPL has been taken on private property which they do not have permission for.

(iiiii) the second photo is a picture of the rear of my vehicle which could of been taken as I was driving through, it doesn't prove the vehicle was stationary.

DBTHype

The courts error with not registering my details that I sent by email meant I missed the telephone court hearing and the claim was found in the claimants favour. It's all gone south since then. If I had been included in that first hearing I would of had the chance to put this argument forward.

DBTHype

Can I add entrapment to the list of reasons why I think the PCN was unenforceable ?

Coupon-mad

DBTHype said:

Can I add entrapment to the list of reasons why I think the PCN was unenforceable ?

No. But your last 3 points above are possibly strong, as is the first one if you had parked there for more than 20 years.

I think you need help to word your claim and surely it's for 4 figures?  I am worried it will be chucked out again.

You could ask here to see if they think you have a cause of action and if they can assist (I am not connected to the company at all):

https://smallclaimsadvisor.co.uk/

DBTHype

It was outside two businesses that have adjoining parking plot with no visible barrier. I'm patron of both businesses which I can prove with paperwork back to 1999.

It is for four figures.

The judge that granted me the set aside to the first missed telephone trial said I did have a valid argument

DBTHype

Hi, can anyone point me in the right direction please.

Several months back people were posting their successful results with using the defence template and I vaguely remember someone posting a response from court where the court itself refused to proceed with the claim on the grounds it was an abuse of process. 

Does anyone else remember this and if so where can I find that post. I have tried searching for it but with no success.

Thanks.