Claim form received from County Court

Coupon-mad

You could have got an image of the sign from them under the PAP, had you asked at LBC stage.  You will now get that in their WS, nearer the hearing.

snowlucas

They have sent me the following photo. I've just removed the timestamp.

Redx

The claimant has to prove their case , with suitable legible exhibits where necessary , you don't have to prove anything !!

But you can use their poor exhibits to your advantage in the future

snowlucas

Ok. Thinking about my defence statement. Obviously I need to include (in the correct legal language) as discussed above about timings and how their own advice from BPA CoP from the time includes grace periods.

But also in this thread (link below) the defence includes a section on the evidence provided:

"1. The Particulars of Claim lack specificity and are embarrassing. The Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars."

https://forums.moneysavingexpert.com/discussion/comment/72977032#Comment_72977032

I feel like this applies in my case where the evidence they have provided so far (the photo above) is in my opinion poor evidence as there is no way for me to determine that the terms were as they claim they were. Any thoughts?

Coupon-mad

I would not ask for amended defence permission.  You should simply say the signage at the location is illegible and the Claimant has proved that with the evidence photo recently supplied.

patient_dream

Moving on, have you read this thread

DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest

DCBL as usual have added fake amounts to the claim.

1: How have they explained the fake £60 ?   Damages or debt collection ?
2: Was the claim signed by Yasmin Mia ?

D_P_Dance

I feel like I keep circling back to this sign issue. 

Indeed, signs are one of ther weakest links, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

Le_Kirk

D_P_Dance said:

I feel like I keep circling back to this sign issue. 

Indeed, signs are one of their weakest links, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

Another "not a ParkingEye thread"!

D_P_Dance

This is posted as an example of poor signage.  I am fully aware that the OP has not been tcicketed by PE.

snowlucas

patient_dream said:

Moving on, have you read this thread

DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest

DCBL as usual have added fake amounts to the claim.

1: How have they explained the fake £60 ?   Damages or debt collection ?
2: Was the claim signed by Yasmin Mia ?

1. The claim form states £160 inc PCN plus "damages". The PCN and original letters from UKPC don't mention the £60 at all. I assume the wording "damages" is important? 

The newbies template covers the "unfair costs" element but I think I should add referencing their own BPA CoP at the time (Version 6 October 2015):

19.5  If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be proportionate and commercially justifiable.We would not expect this amount to be more than £100. If the charge is more than this, operators must be able to justify the amount in advance

19.9 You should warn drivers that if they delay payment beyond a payment period of 28 days, and you need to take court action or use debt-recovery methods to recover a debt, there may be extra ‘recovery’ charges for debt-recovery action. However, you do not need to say how much these recovery charges are in advance, on your signs or notices.

2. Yes Yasmin Mia is listed on the claim form. Reading the forums this person may not exist but not sure I've found anything abut using her "involvement" in the defence?