Claim Form - Help required with defence. .

Wizwacks

Hello one and all. 

First off thank you for producing such a informative thread, I have read many of them which have helped me thus far. 

Briefly The PCN was issued back in September 2019 for the infamous phantom supposed car park in Lewes, EastGate Wharf. Chelostar 
(another MSE used ) and I share an almost identical experience while there. 

I was avoiding the clearly labelled NCP parking and turned into the road, were the now defunct Laura Ashley was. I performed a You turn to leave
and received a phone call, from the person I was going to collect. I am from London, so not familiar with the area. I stopped the car, took the call and 
from the first photo. The second photo It is stamped 11 minutes after with some one entering my car. There is a third photo of me pulling out 4 minutes later in the NTK, pasted below. 

As I had no intention to stop, least of all park, I did not leave my car. 


Usually I appeal all PCN's through Popla, but on this occasion, I did not. I genuinely cannot remember why. 

Initially I had no information, this is going back to 2019, so I requested them ( thanks to this site) and only heard back from the solicitor. DCB Legal. 
They sent over the NTK and signage. I have posted the pictures they sent me below. 

initial images sent. 

On the 12th of August the Claim form was produced and sent out to me. I have posted a redacted copy below. 

The original NTK is below. Mr driving off is stamped 4 minutes after the person is seen entering my car. 

I have since logged onto Money Claim and acknowledged. 

'"Your acknowledgment of service was received on 17/08/2021 at 08:05:17"

I have since read and read and my brain is quite frazzled as there are just too many cases to list / mention. 

I have come up with the following defence (redacted) and have posted it below. I have made some changes, and would appreciate if you could recommend
any improvements or items I may have missed out. I am conscience of what happend to Chelostar, but equally not sure what I am supposed to do to  a Bill amounting to over £250, when I am a unemployed single father. 

( I have used the standard template, provided on the forum and amended the following. Do I need to add specific cases now, or can I add them on my WS? If now, what Is the best format to  list them in? 

2.     I can confirm I was the driver / at the time the registered keeper of said vehicle, but liability Is denied.

 

3.     Please note that this event took place just under two years ago (01/10/2019) so I will describe the event to the best my abilities. I was driving from London (where I reside) and was finding a safe place to not only take a call but also collect someone nearby. As I entered East Gate Wharf, I noticed in clear signage a NCP pay and display car park. As I had not intentions to park or leave my vehicle, I drove Right into some empty space outside the now closed Laura Ashley. The photographs provided by the Claimant show me performing a U turn to leave the car park. At the time I received a phone call (from the person I was collecting) which I took while performing the exit turn. I stopped to take the call. At most from the pictures the claimant has provided I was there for 11 minutes. This includes the U turn. 

Thanks again for any help provided. 

 

Wizwacks

I am not able to edit my original post and have noticed some spelling / grammar mistakes.
Apologies. 

KeithP

Hello and welcome to the forum.

With a Claim Issue Date of 12th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 14th September 2021 to file your Defence.

That's over two weeks 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.

D_P_Dance

They are claiming for unlawful amounts.  Judhes have thwon out entire cases because of this.  Read thia nad complain to your MP>

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Le_Kirk

That defence reads more like a witness statement, read the standard defence template and see how it is written.  Keep to legal/technical arguments written in the third person, i.e. "the defendant" not "I"

Redx

In 2 just say keeper and driver , keep it simple , use the defendant , no I or My

Look at other approved defence paragraph 3 contents , it says , the defendant , no words like My , Me , Myself & I

Post your lates draft 2 & 3 below

Ensure that you have emailed a SAR to the DPO at OPS attaching a copy of the claim form as proof of I D under the GDPR law

Ops thrive on actions like this event above

Lastly , please fill in the government consultation today , asap , it close tomorrow morning , make a difference !!  👍👍👍

Fruitcake

A defence is written in the third person, so you need to refer to yourself as the defendant, not I or me.

Your paragraph 3 reads more like a witness statement. 

Don't mention the 'phone call. Do mention picking up a passenger. 

You need to set the scene for the court. Include points such as: -

The defendant cannot recall the events from an unremarkable day almost two years ago other than that they entered the car park to collect a passenger. 

In the persuasive appeal court case of Laura Jopson vs Homeguard Services Ltd, case number 9GF0A9E, Judge Harris QC stated that loading/unloading is not parking. Picking up a passenger is loading.
(You don't need to include the transcript until WS stage much later.)

The claimant's images show that the route taken by the defendant's car would have precluded the driver from seeing signs showing the terms and conditions.

The defendant received a Notice to Keeper a week after the alleged event, stating that the reason for issue of the charge was, "Vehicle Not Pre-authorised."
This is a clause of impossibility.
It is impossible for a motorist to know a vehicle needs to be pre-authorised before they have entered the site and had the opportunity to read the parking terms and conditions within the car park.



You have over two weeks to submit your defence, and we urgently need your help first.
Please comment on the government's consultation on the level of parking charges, especially as it now includes a proposal to allow parking companies to add debt recovery costs of up to £70 on top of the original charge.
Since debt collection agencies offer a no win no fee service, these extra fees are obviously fake since the parking company has never actually incurred them.

This thread explains includes a link to the consultation.

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

In addition to having your say, please complain to your MP. Two separate complaints are needed. One about your unfair parking charge. Do mention the clause of impossibility.
The second is about the consultation and the proposal to add fees that the parking company has never paid. Ask your MP to forwards your concerns to Robert Jenrick MP at the MHCLG, and to Sir Gregg Knight MP who introduced the new parking bill in 2019.

The consultation ends tomorrow, so I respectfully request that you submit your comments before you attend to your defence.

Wizwacks

Done just now. 

Wizwacks

I have amended the 2nd and 3rd paragraphs below. Is that ok? Would it be ok to add the unfair charges (Excel v Wilkinson) in there as well, or is that too much at this stage? 
I can post the complete defence, but all the other points are from the template set out in this forum. 

Thanks

Redx

Objections to the spurious charges are already in the defence template , leave the Exhibits etc until your WS in several months time

Just post your few adapted paragraphs below , it's your homework being checked , not coupon mads. 😁😁

Wizwacks

Thanks. 

I assumed I had posted the amendments. 

I have only pasted point 2/3 below. The rest will be copied from the defence template posted in the threads. 

The Defendant can confirm he was the driver / at the time the registered keeper of said vehicle, but liability Is denied.

 

The defendant cannot accurately recall the events of an unremarkable day two years ago when collecting a passenger from a space outside a retail shop. The event took place just under two years ago (01/10/2019). The defendant was driving from London (where he resides) and was finding a safe place to collect someone nearby. As the defendant entered East Gate Wharf, he noticed in clear signage a NCP pay and display car park. As he had not intentions to park or leave his vehicle, the defendant drove right into some empty bays outside the now closed Laura Ashley a retail shop. The photographs provided by the Claimant show the defendant performing a U turn to leave the area. At the time of the Turn the defendant safely stopped the car to allow the passenger to enter. Once entered the defendant drove away from said location. In the persuasive appeal court case of Laura Jopson vs Homeguard Services Ltd, case number 9GF0A9E, Judge Harris QC stated that loading/unloading is not parking. Picking up a passenger is loading. The claimants’ pictures further reveal the route the defendant’s car took to be precluded from seeing the minute terms and conditions. The defendant received a Notice to Keeper a week after the alleged event, stating that the reason for issue of the charge was, "Vehicle Not Pre-authorised."
This is a clause of impossibility. It is impossible for a motorist to know a vehicle needs to be pre-authorised before they have entered the site and had the opportunity to read the parking terms and conditions within the car park. The defendant finds the claimant circumventing CPR 27.14 with exorbitant charges as mentioned in Excel v Wilkinson: G4QZ465V heard in July 2020. The Judge concluded that such claims are proceedings with 'an improper collateral purpose'

Thanks