County Court Claim-QDR solicitors/Met Parking

Coupon-mad

Is the Defendant a company?  Just wondering, as you’ve had to cover up such a long defendant name across two lines.

£246 in fake added costs then, as if ‘debt recovery’ of a single case cost three times £70 and that they had to carry out a trace three times at £12 a pop!

berseker

Hi, no i am an individual not a company. I was doing the edits of the pictures on my phone so it did not come out the neatest, apologies.

i have attached the parking sign that is in my estate as well as in the pcns. I have taken the picture from a pcn, if you need a clearer picture then please let me know and i will go and take one.

Yes correct, they are only claiming for 3 pcns out of the 7. What would be my best defence in this case? The abuse of process on the newbie thread? copy that but alter it to my specific case?

Thank You

Redx

I already told you to put abuse of process from your head , it is not a defence for your case !!

Your Defence is the template defence by coupon mad , in announcements , top of the forum , where 90% of it is already written for you and includes signage and double recovery !!

Please study it carefully , only 2 paragraphs are written by you

Coupon-mad

Your defence is a combo of the template defence, plus some wording cribbed from the residential defence example linked in the NEWBIES thread.

Your defence facts are what your tenancy agreement says plus this:

Another few pcns i received, i had my old permit visible on the dashboard (all 10 rows had been filled up so was waiting for my new permit to come) and had a note stating i was waiting for my new visitors permit to be delivered. I was told it would be delivered in a couple of days but i did not receive it for about 10 days.

It’s also a good thing they are only suing over 3 PCNs because they have a duty to bring their entire case against you in one go.  So if they try a second claim that can have the same defence plus ‘cause of action estoppel’.

D_P_Dance

Read these and google "Primacy of Contract"

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

berseker

Thank you so much guys. I will get onto this right away and if its not to much hassle ill upload my defence here before emailing it over to the CCBCAQ@Justice.gov.uk to make sure ive covered everything.

For the abuse of process, im not sure if i am talking about the correct thing. what i meant, was, to mention the extra charges they have added to the pcn when it should only be a maximum of £100?

But ill stick to the threads you guys have sent me on and get this drafted up.

Thank you once again

Coupon-mad

But the template already covers the added fake costs.

Le_Kirk

berseker said:

Thank you so much guys. I will get onto this right away and if its not to much hassle ill upload my defence here before emailing it over to the CCBCAQ@Justice.gov.uk to make sure ive covered everything.

For the abuse of process, im not sure if i am talking about the correct thing. what i meant, was, to mention the extra charges they have added to the pcn when it should only be a maximum of £100?

But ill stick to the threads you guys have sent me on and get this drafted up.

Thank you once again

It is not called abuse of process now, it is double recovery and it is covered if you are using the standard defence template.  Please do post your defence here for critique but only paragraphs 2 & 3 (or any others that you have edited or added) we do not need to critique the template.

berseker

Oh perfect. I have just got it up and i'm about to read through it now. Thank You!

berseker

Hi guys, hope you're all well.

Im writing up my defence now, I just wanted to ask a quick question please. Most of the other threads from residence i have read, in their tenancy agreement, it states that they can park in the estate. Whereas in my tenancy agreement it doesn't state anything about parking (just the image i attached earlier in the thread, which has no relevance to my case). How would i go about making this a defence case? As i cant say these pcns contradict my tenancy agreement, as others have done. If that makes sense.

Would it be something across the lines of, 'There is nothing in my tenancy agreement that states anything about parking on the estate, let alone, parking permits, displaying permits or punishment for not having a permit displayed'? With that being said, i did have a visitors permit though, so in their defence couldn't they say 'well if that was the case why did you have numerous visitors permits, you clearly knew the 'rules''. i guess i can turn around and say 'because i was tricked into thinking that this was something i had to do as part of my tenancy agreement, but in fact it has nothing to do with it'.

I hope that makes sense and appreciate the help.