Excel Parking Letter of Claim 31 July at 8:49PM edited 31 July at 9:16PM in Parking Tickets, Fines & Parking 46 replies 715 views

Bonez257

Umkomaas said:

I want to add more to it but not sure what else I could add.

I'm struggling with that.  Are you thinking 'Never mind the quality, feel the width' (70s TV show for those in a fuller flush of youth!)?

Is there a case that has been won based on insufficient/illegible signs that I can reference into the 3rd paragraph? Or should I not do that?

You can do, but not at this stage. Evidence comes with your Witness Statement further in the future (a few weeks hence). There are many cases where Judges have found for the motorist on the basis of inadequate signage, but please note, judgments in the small claims court have no automatic bearing on the decisions of other Judges. Persuasive judgments have to come from courts higher than small claims courts. 

But, it doesn't stop you seeking out some of the judgments involving signage (none from memory having come from a higher court) and using the language utilised in defences and witness statements focusing on signage. I'm afraid you'll have to use the rather clunky forum search engine to find them. We try to add the phrase 'ANOTHER ONE BITES THE DUST' to any court cases won, so use that as your search engine's keyword and see what comes up. You'll need to plough through each thread, there's no easier route. 

I just thought adding more details about the whole thing would be beneficial.

Thats fine, i'll go through the threads and see if i can find something. Thanks for your help

Bonez257

Redx said:

2) should add if it's keeper and driver , or keeper but not the driver , or keeper but driver not known due to length of time passed and an unremarkable day so long ago , etc

If in doubt , think what you would answer truthfully in court , if asked under oath

Signage is already mentioned elsewhere in the defence template

The time for jackanory stories are in the witness statement plus exhibits stage in several months time

Here you set the scene , but there is no audience for a !ong monologue yet , the doors are closed so this is the bare bones that opens those doors to the later scenes before the audience ( your own local civil court )

You don't add to it unless there are other defence points to add to the mix , embellishments are done at the WS stage , not now

I'll edit it now

Thanks for your help

Coupon-mad

Have you looked at this week’s threads and seen that there’s only 3 weeks left to do this:

Government Consultation re private parking charge levels, August 2021: PLEASE BOOKMARK THIS THREAD — MoneySavingExpert Forum

We are calling for everyone to do a full and robust response by email to the MHCLG, attaching evidence of what happened to you and what you think is wrong about £100 charges and fake debt recovery ‘fees’ that no PPC actually incurs or pays. 

We also need people to contact their MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a pop? 

Posters are being encouraged to ask their MPs to ask questions about why  PPCs have been allowed to persuade the MHCLG that they can add £70 per PCN for sending the same letters ParkingEye always do.  

That would be handing ParkingEye maybe £70m extra per annum from public pockets!  

Even where your PCN isn’t from that company (and pretty much all others do add the unrecoverable costs and all the ex clampers certainly do) I am sure you object as we do to this extortionate illegality!

https://forums.moneysavingexpert.com/discussion/comment/78517562/#Comment_78517562

To anyone reading this: 

PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER.

The proposals breach primary law!  I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)

Bonez257

This is now the updated version:

The facts as known to the Defendant:

2.  It is admitted that the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied. 

3.  The defendant denies the claims by the Claimant based on illegible signs around the car park.  On the entry of the car park, the defendant noticed a sign to the right that contained graffiti, covering majority of the surface of the sign. Additional signs surrounding the entrance are one too many on a single pole to properly read and understand. For this reason, the signs are placed awkwardly high up the pole and difficult to read. In addition to this, the signs are obstructed by branches of nearby trees, rendering them difficult to read. Therefore, the defendant denies entering a legal contract on this basis.

Can/should i sent this off right away or wait for a while?

Bonez257

UPDATE

I have sent off the full defence to the email address supplied as no further input was mentioned.

However, I did not mention anything about 'abuse of process' for the added £60 "debt collection" costs.

Is it too late to add this? Could I still mention it at WS stage?

Thanks

KeithP

Bonez257 said:

I did not mention anything about 'abuse of process' for the added £60 "debt collection" costs.

Is it too late to add this? Could I still mention it at WS stage?

Thanks

Did you not notice that there is a substantial part of the template Defence devoted to this?

Anyway, once filed it will cost you £100 just to seek permission to change your Defence, and of course that permission may be refused.

And yes of course this will feature in your Witness Statement.

Bonez257

Coupon-mad said:

Have you done the Government Consultation mentioned in the thread on page one?  Only 4 full days lefty’s make the biggest difference you can possibly make.

Yes I completed it a few days after it was posted. Thanks for sharing. We cannot let these PPC's win! 

I haven't heard anything from my MP though.

Bonez257

Hi everyone,

I am aware that the deadline to file a defence is 4pm 31/08/2021. However, I emailed it to the CCBCAQ email as advised on the 18/08/2021 and still haven't received the DQ. Is this normal or should I chase this up?

Thanks

Jenni_D

Just keep a check on your MCOL filing history. The time limit for the Claimant to proceed is 28 days after they receive your defence. You have no way of knowing how long it took CCBC to process your defence and send it to the C.

Umkomaas

The CCBC forwards your defence to the Claimant who then has 28 days in which to decide if they wish to proceed. It's only after that confirmation will the CCBC issue a DQ.  Check progress on your MCOL history page. 

Have you received confirmation that the CCBC has received your Defence via an auto-response email after submission?  If not, check it out on the MCOL history page.