PCN court case

omega3dave

I received a PCN just before xmas, I forgot to display my parking permit where I live, just one day, and the private parking ticket company put a ticket on 

my windscreen 

I wrote to the parking company and explained to them that it was just a moment of forgetfulness  

they have now taken this to small claims court 

I have some questions

plus the original fine and what they put on court claim is a different amount?  fine = 108, but on their form, they put 116?

here is what I have as defence statement so far:

1. It is admitted that Defendant is the recorded keeper of xyz

2. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has the authority to bring this claim. The proper Claimant is the landowner

3. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all

this is additional data I want to present in a witness statement:

1. I live at the block of flats where the PCN was issued. My parking permit which is issued to me by the managing agency is always displayed. On this one occasion I forgot to display the permit. The Claimant would be very familiar with my vehicle as it is parked in the same space at the flats every day where I live

2. It is my right to park in the car park where the PCN was issued as I am a leasehold owner

3. A CPR 31.14 Request was sent to the Claimant and their reply is included with this witness statement ref: xyz

4. The claimant PCN was £108, but on their claim, they have entered £116. This does not tally

court claim has 7th Jan on it, so I need to submit defence by the middle of next week (deadline 7th Feb I calculate)
apologies for the late post, the date on court letter is 7th Jan

please can you comment on my statement I need to submit this week

Fruitcake

Please tell us the name of the PPC.

It is not a fine.

Please tell us the date you completed the AoS. One of the regulars will then confirm or correct your defence filing date.

What does your lease say about parking, parking scammers, permits, PCNs, paying PCNs, and court claims? What it doesn't say is equally important.

Use the template defence from the sticky threads at the top of the forum. Just change the two paragraphs as suggested in that thread and post them here.

Get pics of the site and signage.

What happened when you complained to the MA and the landowner?

Redx

If the issue date was 7th Jan 2021 , as long as you filed the AOS online on the 12th or later the deadline is 33 days from 7th Jan , so I do not believe you have calculated it correctly. The deadline date cannot be a weekend date. !!  Please tell us the date that the AOS was received by the CCBC ?

Have you emailed a SAR to the DPO at VCS yet ?

Fruitcake

Redx said:

If the issue date was 7th Jan 2021 , as long as you filed the AOS online on the 12th or later the deadline is 33 days from 7th Jan , so I do not believe you have calculated it correctly. The deadline date cannot be a weekend date. !!  Please tell us the date that the AOS was received by the CCBC ?

Have you emailed a SAR to the DPO at VCS yet ?

We don't know that it is VCS. The OP has just referred to a case involving VCS and HM Robbery and Taxes.

KeithP

omega3dave said:

court claim has 7th Jan on it, so I need to submit defence by the middle of next week (deadline 7th Feb I calculate)

apologies for the late post, the date on court letter is 7th Jan

please can you comment on my statement I need to submit this week

You have more time than you think.

I am going to make a couple of assumptions:
1) 7th January is the Issue Date on your County Court Claim Form, and
2) you filed an Acknowledgment of Service sometime after 11th January and before 26th January.
Please confirm these two points.

With a Claim Issue Date of 7th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th February 2021 to file your Defence.

That's over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Redx

Fruitcake said:

Redx said:

If the issue date was 7th Jan 2021 , as long as you filed the AOS online on the 12th or later the deadline is 33 days from 7th Jan , so I do not believe you have calculated it correctly. The deadline date cannot be a weekend date. !!  Please tell us the date that the AOS was received by the CCBC ?

Have you emailed a SAR to the DPO at VCS yet ?

We don't know that it is VCS. The OP has just referred to a case involving VCS and HM Robbery and Taxes.

Ahhh , ok , so to the OP , which Parking company is involved ??

omega3dave

thanks for replies, AOS was done on the 18.1.21
excuse my density, what does VCS mean?
I issued a CPR 31.14 Request, the claimant replied saying he was not going to supply requested documents unless instructed by the court
claimant = Devere Parking Ltd, south coast
the MA are useless as well as the landowner, just ignore everyone all the time, I am not exaggerating this fact

thanks KeithP, I will take a look at that thread to create defence
thanks guys

Redx

VCS ?? You quoted it in paragraph 2  , not us !!!   , look up the case to see the true name of that company and their initials

Email a SAR to the DPO at Devere to obtain all your data

What date was the PCN issued ?  Because I doubt they would issue a court claim within 8 weeks or less !!

Umkomaas

claimant = Devere Parking Ltd, south coast

Where is your nearest county court for any hearing?

Ralph-y

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

direct link to court section in newbies thread

.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and 

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Coupon-mad

claimant = Devere Parking Ltd, south coast

Horrible firm, used to have Poole/Bournemouth courts in their pockets. Give the address of somewhere that you can be served that isn't in Hants/Dorset.

If this PCN was issued just before Xmas you cannot possibly be at court stage yet.  What are the actual dates and what have you actually got?