CST Law Claim on behalf of Euro Car Parks for £1.2K for parking on private land

Coupon-mad

Yes you just need to read the whole thread. Aphex007 obviously (quite rightly) removed a draft version

Yawn1

So I have just received a 67 page Witness statement from CST Law. 

Bloody hell, rather intimidating. I'm still drafting my WS - admittedly seems like the deadline to send it is today - which will not be possible. My dates were mixed up and the court date will actually be on the 7th Sept.

I will try and finish off the WS today. Find somewhere to print and send off tomorrow. 

It appears that the claim is for 5 instances of parking, fined at £100 each. So how that has been stretched to £1.2K is beyond me. 

Grizebeck

If the deadline is today get it sent today
Not posted or printed. 
Email it to the correct email address at the courts

Yawn1

Grizebeck said:

If the deadline is today get it sent today
Not posted or printed. 
Email it to the correct email address at the courts

Okay thanks I'll do this. There's an email address on the WS letter and I can find the email address for courts online.

Coupon-mad

Everyone at this stage Googles or phones the court to ask for the email address.

You must also copy in CST Law to the same email. No printing anything!

This can be done in one evening just by adapting the ones shown already.  Same sort of evidence needs attaching, stuff relevant to support your case plus the Excel v Wilkinson transcript.

And do a quick costs assessment page.

Yawn1

Johnersh said:

Do be aware that the claimant is not entitled to statutory interest on the whole sum claimed from 2017 if, on their own case,  the last PCN was issued in 2019.

They could have sought a composite rate at a lower percentage,  but they have not.  Nor have they done individual calculations for each PCN (check - they won't have done). The interest claim here is a significant addition.  A professionally represented claimant should do better. 

Given the unreliability of the claim as presented,  I would suggest that the safest course should be for the court to disallow the claim for interest in its entirety. 😉

I'm reading through Witness statement, turns out the case is for 5 PCNs (not 8 as I initially thought) - occurring between 07/17 - 03/19.

Cost being: 

- £500 (£100 for each PCN)
- £300 (£60 debt recovery charge for each PCN)
- £211.53 - interest at a rate of 8% PerAnnum.

totalling £1011.53 - but they have added £80 court fee and £80 for legal representative. making £1171.53

Coupon-mad

"but they have added £80 court fee and £80 for legal representative. making £1171.53". 

Yes but they are allowed those two fees.

Presumably you used our Template Defence, and from carefully reading it you'll know already, how to argue that they should not be allowed the extortion of the fake added £60 per PCN.

This is already covered also, in the example WS bundles posted by aphex007 and Daiapolon2021 which is why we gave you those, to save you writing that part yourself from scratch!

And Johnersh has told you how to argue against the excessive interest attempt as well.

Yawn1

1.       I am Mr XXX, and I am the defendant against whom this claim s made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

 

2.       In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

Sequence of events

3.       Following the receipt of a Claim form (issued 28/07/2021) I first learned of the contraventions alleged by the claimant to have occurred between 20/07/2017 and 31/03/2019.

4.       It was not immediately clear based on the particulars of the claim how many parking charges pertained to the monies being sought, and when each alleged contravention took place. I have since received further details and undertaken research of the car location to understand the issue further.

5.        Upon entry into the car park it is not explicitly clear that vehicle visitors risk engaging in a contract with the claimant as entrance terms and conditions signs are not visible.

6.       Any discernible signages are not immediately visible, and the text in which terms and conditions are written is objectively small text that is challenging to read. It is therefore denied that I entered a legally binding contract, as no signage existed on the road I was parked upon.

7.       At the car park location there are no available facilities such as a payment machine for which vehicle drivers would be able to acquire a ticket / permit to validate their parking.

8.       There absolutely no instances where a parking charge notice (PCN) was attached to vehicle in any instances of alleged contraventions to notify the driver that the parking in the facility was invalid or in violation of a purported contract.

9.       The claimant has alleged to have sent PCNs and other pertinent letters to me but failed to send them to the correct address. My lack of awareness of the claimant’s efforts to reach me is substantiated by the immediate acknowledgement of the Claim form once it was sent to the correct address.

10.   Unawareness that any driver of the vehicle registered under XXX  was engaged in a contract with claimant has, in part, contributed to multiple stays at the car park location.

11.    

Yawn1

The above is what I have pulled together so far. CST have shared an Assignment contract between Bravo Croydon and Bravo Croydon Car Park - evidently as proof that ECP are acting on behalf of the landowner.

It states: the rights to income only from the car park of the leasehold property known as The Quarters Croydon, 20 Wellesley Road, Croydon CR0 9BN (the Property) commencing 14th January 2019 for the remaining term of the lease over the property held by the Assignor namely a period of 251 years commencing on the 31st MArch 2017."



^^ If I'm reading that correctly the rights to income starts in 2019 which means the rights prior to that should be invalid right?

Jenni_D

Have you looked at the WS examples by the forum members @Coupon-mad mentioned? You'll find their WSs way more detailed than what you've shown.