Claim form for parking over 5 years ago

Redx

As Johnnersh states , you must address the points listed on the claim form

Coupon-mad

@Johnersh is a solicitor so go with what he said!

outsidechancex

Johnersh said:

 Presumably there has been no pre-action correspondence relating to it either? 

re pre-action correspondence I have only received letters related to a PCN dated 12/04. The letter before claim and claim form date the PCN as 04/12. I have just checked and the PCN ref is the same for all. 

Perhaps I am getting to bogged down on the dates...

Coupon-mad

No you aren’t, re read what @Johnersh said.

outsidechancex

Coupon-mad said:

No you aren’t, re read what @Johnersh said.

Reread - sorry I feel out of my depth with all of this! Appreciate the help so far from everyone. 

I have rewritten the defence to address that there is no evidence for a PCN issued 04/12:

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

3.       The Defendant denies that they used this site or that the car was there at all, on 04/12/201X (4th December 201X) which is a Sunday, meaning the Defendant was at home and so was the car. Notwithstanding a Subject Access Request for a complete file of records pertaining to the Defendant and vehicle [insert REG number] the Claimant has failed to supply any evidence of the vehicle having been parked or a PCN issued on this date, nor has the Defendant received any pre-action correspondence for a PCN dated 04/12/201X. 

Just to double check - what does the pre-action correspondence entail? Is this the letter before claim or something else?

Johnersh

My last point was to be careful,  as it is possible that the *photo* was in MM/DD/YYYY format, which will be explained in a later statement.  If so, the date referred to on the claim form is correct. 

The o/p needs to do some work to examine exactly where the car/driver was on both dates, then assert a positive case in the defence, rather than "I woz probably at home" 

If the claim form in error refers to a date when the car was elsewhere and proof or statements can support that, s/he's in business and may wish to consider serving a short statement on Cs solicitors early 

outsidechancex

Johnersh said:

My last point was to be careful,  as it is possible that the *photo* was in MM/DD/YYYY format, which will be explained in a later statement.  If so, the date referred to on the claim form is correct. 

The o/p needs to do some work to examine exactly where the car/driver was on both dates, then assert a positive case in the defence, rather than "I woz probably at home" 

If the claim form in error refers to a date when the car was elsewhere and proof or statements can support that, s/he's in business and may wish to consider serving a short statement on Cs solicitors early 

Got it, thank you. The PCN has a written date of 12/04/201X, and another stamped date "19 Apr 201X", so I think it's safe to say the PCN was from April not December. Is this sufficient to go down the date defence route?

I have checked and there is 0% chance that I used the car park in December 201X - I no longer lived in the student accommodation nearby as of July that year. I was also at a family members birthday party on the 4th Dec according to my iphone calendar, though need to find other evidence of me being there? 

Jenni_D

You've consistently used 201X ....... until you told us the year in your last para above.  

So it seems the PPC (or rather their legals) have used the date on the photo and transposed that as 4th Dec rather than 12th April, on both the LBC and the claim form. Only the PCN itself (which you have never received until the SAR?) has the April date.

IMHO as both the LBC and Claim form state the 4th Dec then you defend the claim as filed. What exactly do their Particulars of Claim say?

Redx

Redact the claim form and post a picture , a picture paints a thousand words

Ditto with the other paperwork

outsidechancex

Jenni_D said:

You've consistently used 201X ....... until you told us the year in your last para above.  

Edited - thanks!

Jenni_D said:

So it seems the PPC (or rather their legals) have used the date on the photo and transposed that as 4th Dec rather than 12th April, on both the LBC and the claim form. Only the PCN itself (which you have never received until the SAR?) has the April date.

Yes I do not recall receiving any PCN until SAR. Though had NTK for the April date. 

Jenni_D said:

IMHO as both the LBC and Claim form state the 4th Dec then you defend the claim as filed. What exactly do their Particulars of Claim say?

Particulars of claim:
1. The D is indebted to the C for a Parking Charge(s) issued to vehicle [REG NO] at Lower Loveday Street. 
2. The PCN details are 04/12/201X, [PCN REF NO]
3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the contract), thus incurring the PCN(s)
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding.  The Contract entitles C to damages. AND THE CLAIMAINT CLAIMS
1. £160 being the total of the PCN(s) and damages
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof a daily rate of £0.02 until judgement or sooner payment. 
3. Costs and court fees.