UKPC parking charge 2018 now county court claim letter

D_P_Dance

Consider writing bad stuff on their TripAdviser page

Coupon-mad

Tell us when your husband has done the AOS, or you've done it in HIS name using HIS Govt Gateway account.

Nothing has your name on it except if you decide to provide a second witness statement (in addition to his own) later on.

When you have drafted HIS defence please show us that too (not the whole template defence please, just his additions).

FaithfulOne

Ok will do thank you 😊 

FaithfulOne

We’ve done the AoS Thank you

FaithfulOne

Hi few questions!

I’m trying to write the defence for my husband (he was not driving or there at the time) so this is true 
2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but not the driver and liability is denied. 

But then I can’t say I was given permission to park by McDonald’s staff etc so do I not say anything about signage etc ?

Do I say about physical chronic heart failure / how distressing receiving the dcbl collection bailiffs & legal letters were?

Do I say about an abuse of process as the amount they are now claiming is
211.84
  35.00 court fee
  50.00 legal rep costs
296.84 total

Thank you 

Umkomaas

But then I can’t say I was given permission to park by McDonald’s staff etc so do I not say anything about signage etc ?

How about 'A McDonald's staff member gave permission for the Defendant's vehicle to be parked ....... '.  Keeps it nice and neutral with no one telling any lies. 

Do I say about physical chronic heart failure / how distressing receiving the dcbl collection bailiffs & legal letters were?

How does that invalidate the claim that the parking time limits were exceeded?

Do I say about an abuse of process as the amount they are now claiming is 

Abuse of Process for getting the whole claim dismissed has lost much traction. Double Recovery could get the spurious excess removed.

AoP might be useful to flag up around county courts in the Yorkshire region, but elsewhere I have doubts about its usefulness. 

Le_Kirk

As advised by @Umkomaas, the abuse of process in that form is pretty much dead-in-the-water except it might be useful in removing the spurious "debt admin" charges if the unthinkable happens and the judge went against you and it is already in the standard defence.  Use the "given permission to park" known as promissory estoppel in the defence and save the rest of the story for the witness statement (WS).  This: -

Do I say about physical chronic heart failure / how distressing receiving the dcbl collection bailiffs & legal letters were?

is not a defence and is for the WS.

FaithfulOne

Coupon-mad said:

When you have drafted HIS defence please show us that too (not the whole template defence please, just his additions).

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but not the driver and liability is denied. 

3.   A McDonalds staff member gave permission for the Defendants vehicle to be parked as the driver was a customer and nothing was mentioned about time limit and no signage was seen to communicate this. No contract can be deemed agreed.

4.  Soon after the parking event the Defendant was rushed into hospital with undiagnosed chronic heart failure which resulted in a heart procedure and recovery time, therefore nothing was known about the purported charge for months and the Defendant was denied any appeal. 

 5.    The Claimant is put to strict proof of their full compliance with Schedule 4 of the Protection of Freedoms Act 2012.  The Defendant avers that there can be no keeper liability where there is an absence of ‘adequate notice’ of the parking charge and/or any ‘relevant contract or ‘relevant obligation’.

This is what Ive got so far! 5 I've taken from your advice to someone else does it make sense for me or should i re word?

thank you again

FaithfulOne

I read it needs to be in times new roman font?

Coupon-mad

Yes with 1.25 or 1.5 line spacing looks best.  Your defence for this situation is concise and faultless, IMHO.  You get it all.  Nice work!