Mistake on claim form. Would this work in my favour? 27 August 2021 at 5:08PM in Parking tickets, fines & parking 22 replies 408 views

twiggy95

Hey guys, 

Currently defending a claim against my brother who has racked up quite a few PCN's, thus they have issued a claim for 4 of the PCN's and added their fake costs on top.

I have followed all the steps. Currently at the stage where I have sent off the DQ to the court and sent a copy to the solicitors (Gladstones).

I received the SAR after all this (should have filed for it way earlier, I know) and have noticed a slight error on their side when looking back at the claim form. On the Particulars of Claim section, they have stated that I incurred 3 PCN's on one day alone! 

twiggy95

twiggy95 said:

Hey guys, 

Currently defending a claim against my brother who has racked up quite a few PCN's, thus they have issued a claim for 4 of the PCN's and added their fake costs on top.

I have followed all the steps. Currently at the stage where I have sent off the DQ to the court and sent a copy to the solicitors (Gladstones).

I received the SAR after all this (should have filed for it way earlier, I know) and have noticed a slight error on their side when looking back at the claim form. On the Particulars of Claim section, they have stated that I incurred 3 PCN's on one day alone! 

Looking at the evidence they have, he only received one PCN on that day. He did receive other PCN's at the same location, but these are not mentioned on the claim form.

D_P_Dance

Fake costs and ridicularly high intersest, they are likely to come a cropper in court.  have you complained to your MP.  

IMO, (IANAL), the error would be fatal.  

twiggy95

Hopefully! They are claiming costs of nearly £900. 

I haven't complained to my MP. What would this achieve in relation to my specific case?

Umkomaas

Is this linked to your other thread about First Parking?  There is no context here for any substantive comment. 

If it is linked, then please pm a Board Guide - @soolin or @savvy - and ask them to merge please. 

If not, can we have much more background please. 

twiggy95

No it's not linked. This is a case I'm helping my brother to defend. He parked in his friends residential parking, under the impression that it's fine. Has racked up about 10 PCN's. Followed all the steps, sent off the defence and DQ. Was just going over the claim form again and noticed that error (3 PCN's in one day).

twiggy95

Would this error be something I can include in my witness statement? 

KeithP

twiggy95 said:

Would this error be something I can include in my witness statement? 

You need to keep your story straight.  

Did you mean to write...
Would this error be something my brother can include in his witness statement?

twiggy95

KeithP said:

twiggy95 said:

Would this error be something I can include in my witness statement? 

You need to keep your story straight.  

Did you mean to write...
Would this error be something my brother can include in his witness statement?

Yes, exactly  

Johnersh

Has a defence been filed yet?

There are a number of points to address, no doubt.

Based on what you say, the correct elements of the defence *in relation to this point only* would presumably be to DENY that:

* the driver parked at that location on 3x occasions
* that 3x tickets were incurred
* that the sums claimed are owing at all

And to AVER that:

If, which is denied, a debt is due on that date, the parking charge is applicable to a 24 hour period, such that 3 such charges cannot be incurred, much less any interest. 

Johnersh

They cannot change their case by witness statement. Its not for the defendant to try and work out what their case is or should be. 

If they didn't plead it, that is not part of their case.

They would need to apply for an amendment or to issue fresh claims.