Country Claim Bussiness Centre - UKPC - Parking

furac40

Did you have any more defence points apart from not being parked out of a bay?  If so, you need to cover those with evidence to back up and support what you said.

Can you please suggest any other defence points.

Le_Kirk

I was referring to your defence that you have already filed.  If you had put any more point(s) in that, then you need to refer to them/it and back them/it up with evidence in your WS.  You cannot/do not add new defence points at this stage.

Coupon-mad

What did your defence say, verbatim?

Le_Kirk

Looks like an early defence post was deleted but I found one here : -
9 February at 1:46AM

furac40

Please see link to my defence. No other points are made.

https://www.dropbox.com/s/hpnjddgailjx3ch/Defence form - v3 - redacted.pdf?dl=0

furac40

Anything else you could help would be appreciated, I have to send the WS next week.

1505grandad

A heads-up:-

Para 3  -  I believe the UK version is "finalising"  -  i.e. "s" not "z".

Para 20  -  "...shows the parking charge is £100 (reduced to £60 if paid in 14 days) –Exhibit 12......"

However there is no Exhibit 12.

The heading between paras 20 and 21  -  did you mean Consumer Rights Act?  -  (not Consumer Act Right (CAR)"

Also there is an "s" on the end of "Freedom"

Not_A_Hope

 Although it shows the general area I am not sure your Exhibit 3 (repeated in Exhibit 4) helps your case that much. I would leave that photo out as the other angles and that taken by the PPC help your case. You probably need to review the example WS you were advised to use and add some of their additional case law such as Excel v Wilkinson. 

furac40

WS updated: https://www.dropbox.com/s/jr1hgrw2xt2xtk4/WS - rev 2 - redacted.pdf?dl=0

The C has emailed today and asked to settle for half the PCN.

How would you argue the fact that the C claims "interest at 8%  per annum pursuant to s.69of the Country Courts Act 1984  from the date hereof at a daily rate of £0.02 until judgment or sooner payment"?

This is in addition to PCN+damage (£160) and legal cost+court fees (£85).

Not_A_Hope

I cannot see how much they were trying to scam you for in the first place. Chances are if they are offering a reduced payment they know their case is weak and their next step may be to discontinue if they see a robust WS. I would still feel it unfair and take my chances in court with a fair minded judge.

Even if you lost the sum is likely to be no more than £200 including the ridiculous 8% interest that is allowed in the small claims system but is often ignored by judges. PPCs use the max 8% for the cases where claims are not defended and they get an automatic win. It also bumps up the claim and frightens people into paying. You don’t need to comment on it in your WS.