UKPC- No PCN and £170 invoice from ZZPS debt collectors- What to do???

Coupon-mad

Yep, very good but stronger at the start without this:

"Especially since I am, and have been, taking action against the unjust actions from your agent. Therefore,"

JustAUser

Coupon-mad said:

Yep, very good but stronger at the start without this:

"Especially since I am, and have been, taking action against the unjust actions from your agent. Therefore,"

Will remove before I send it. Thank you

JustAUser

Working on my defence now. I would appreciate any advice from you knowledgable lot as I am not 100% on it and have questions. 

The Defence: 

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

The facts as known to the Defendant: 

2. It is admitted that on the material date the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied. 

3. The Driver was unable to leave the car park due to the breakdown of the vehicle. The Defendant was only considering to use the car park if they were able to due to their car dashboard presenting an amber engine light, therefore, the Defendant had planned to park in the car park to take the train to work, as they were already on their way and was running late. There was insufficient signage to indicated as to whether the car park was usable on a weekday. The Defendant is aware the car park can be used on a weekend. The Defendant asked the train station cashier about the conditions of using the car park on a weekday. The Defendant decided against using the car park as the train station cashier did not know the answer. As the Defendant was about to leave the engine light had turned red, indicating that that car had a serious problem and should not be driven. The Defendant then proceeded to look on their phone for a breakdown service. After turning the engine on and off, the red light had changed into an amber light. After discovering that it is acceptable to drive with amber light for short distances, the Defendant had left the car park and was late for work. 

4. The Defendant avers that the Claimant failed to serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012. Consequently, the claimant cannot transfer liability for this charge to the Defendant as keeper of the vehicle. 

As advised earlier in the thread, I will use Johny86's defence up to paragraph 11 and have used the  Newbie's template. I only edited paragraph 3 pretty much. 

Is it worth using the other paragraphs in the Newbie template? I think it might be useful to use most of it however I'm not sure about 5 and 18-21, as I don't think it will be appropriate for my situation (if anyone thinks otherwise then please do mention it). 

Jenni_D

Remove that point 4 ... as you're admitting being the driver then POFA is out of the window and irrelevant.

KeithP

JustAUser said:

Is it worth using the other paragraphs in the Newbie template? I think it might be useful to use most of it however I'm not sure about 5 and 18-21, as I don't think it will be appropriate for my situation (if anyone thinks otherwise then please do mention it). 

Why do you want to not use those paragraphs?
Having just re-read them, they seem quite suitable for most situations, but I haven't re-read your thread to find out why you think them not appropriate.

Le_Kirk

You don't need "liability is denied" in paragraphs 1 and 2. In my opinion your para 3 is too long; save most of it for the witness statement, just keep it short, punchy and legal/technical arguments.  You were in the car park, you couldn't leave due to a small vicissitude. Use all of the rest of the template defence, it was written to be used in full. 

Coupon-mad

I think you could drop para 5 if it's the one about template letters, but there's no reason to remove later paragraphs from the Template.

Remove this from 2 as it's already in para 1:

"but liability is denied."

JustAUser

Jenni_D said:

Remove that point 4 ... as you're admitting being the driver then POFA is out of the window and irrelevant.

Done thanks

JustAUser

KeithP said:

JustAUser said:

Is it worth using the other paragraphs in the Newbie template? I think it might be useful to use most of it however I'm not sure about 5 and 18-21, as I don't think it will be appropriate for my situation (if anyone thinks otherwise then please do mention it). 

Why do you want to not use those paragraphs?
Having just re-read them, they seem quite suitable for most situations, but I haven't re-read your thread to find out why you think them not appropriate.

In my opinion it takes the attention away from the fact that the POC were in breach of the Civil Procedure Rule and makes the flow of the defence all over the place. As much as I feel this case will be discontinued, I don't want to take any chances. However, looking at it again, I don't think it would hurt to add I suppose. I am not sure now. 

I am hesitant because the signage was quite clear at the beginning of the entrance, but didn't realise as I drove in because I was in a rush. But surely if it was that clear, then I would've seen my sign on my way inside the train station? So, I think I will use the paragraph 18-21 after all. 

JustAUser

Le_Kirk said:

You don't need "liability is denied" in paragraphs 1 and 2. In my opinion your para 3 is too long; save most of it for the witness statement, just keep it short, punchy and legal/technical arguments.  You were in the car park, you couldn't leave due to a small vicissitude. Use all of the rest of the template defence, it was written to be used in full. 

Thank you. Will edit and upload.