PCN CC Claim from Gladstones & UKPCN in Atlip centre Wembley

jean232

perfect, thank you so much. 
Am I right that the process to send the defence claim is still as previous?

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement.  Also copy in the parking firm's legal team or solicitors, whose email you can find on any other thread about the same law firm.
5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached

KeithP

The process for filing a Defence is clearly spelt out in the opening post of the template Defence thread.

There is no need to question it.

jean232

I have also used the entire updated template as is (the 27 paragraphs) and only changed paragraph 2 and 3 to the below (posted previously with minimal changes)

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. The Particulars of Claim provide insufficient detail for the Defendant to be able to ascertain the nature of the case as pleaded. The Defendant has no knowledge of any parking charge notice and no letters were received, thus a Notice to Keeper ('NTK') as set out in Schedule 4 of the Protection of Freedoms Act 2012 ('the POFA') was not properly served. The defendant also denies receiving a pre-action Letter before Claim, contrary to the pre-action protocol for debt claims - The Defendant has no information, paperwork or photographs and has had to work out the car park location from the Particulars of Claim where the location and date are stipulated. The Defendant sets out this Defence as best they can, in the circumstances.

The parking is located at the entrance of a block of flats where the Defendant was viewing a property for sale. There is no other route to the block of flats aside from entering the Atlip Centre car park. There is no signage at the turn from the main road to the car park and the sign is located few yards past the ANPR entrance camera. The vehicle registration would have been stored prior to giving consent through seeing and/or reading the signage.   

The signage at the car park of the Atlip Centre, Ealing road, HA0 4LW is misleading and the terms and conditions did not state the parking is “only” for visitors to the Atlip centre. Upon revisiting the parking site recently, the main signage that includes the terms and conditions still does not stipulate that the parking is “only” for the Atlip centre visitors but an additional sign near the first parking bay now states that the parking is for Atlip centre visitors only. The Defendant denies the sign was present on the 17/06/2019 when using the car park. Evidence of this will be supplied in witness statement.(should I include this?)

It is denied that the claimant's signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them, even if they were seen. They merely state that the customers of the Atlip centre must log their vehicle registration into the permit system inside but do not specify that the parking spaces are for the Atlip centre customers only. The Defendant denies entering into a “contract” with UK CAR PARK MANAGEMENT LIMITED as the terms only apply to the Atlip centre visitors and not the visitors of the block of flats.

would you recommend I make any changes or should we send on Monday?

Coupon-mad

Every paragraph needs a number.

KeithP

jean232 said:

The signage at the car park of the Atlip Centre, Ealing road, HA0 4LW is...

According to the Royal Mail address finder, the address and postcode for The Atlip Centre is -
Atlip Centre, Atlip Road, Wembley, HA0 4LU.

Every paragraph needs a number, and of course all subsequent paragraphs will need renumbering to suit

jean232

Fab, will include a number for each and renumber the rest.
I haven't checked the postcode tbh, just took the address mentioned in the particulars of claim, it said HA0 4LW.

KeithP

jean232 said:

Fab, will include a number for each and renumber the rest.
I haven't checked the postcode tbh, just took the address mentioned in the particulars of claim, it said HA0 4LW.

But the car park is not on Ealing Road. It is on Atlip Road.

jean232

You are right! We googled the location again and they have mentioned the address of the centre (which is located on the main road, that is ealing road) and not the car park which is on Atlip road, even the ANPR is located few yards from the entrance to Atlip Road so it should also be on Atlip Road. 

Based on this, could we also argue that we never parked on Ealing road HA0 4LW and as such the claim is void?

Umkomaas

Based on this, could we also argue that we never parked on Ealing road HA0 4LW and as such the claim is void?

I doubt it's enough to swing it, but you could draw to the court's attention that the Claimant is issuing PCNs for a car park that doesn't exist on Atlip Street, casting doubt on the accuracy of any of the Claimant's submissions. 

Coupon-mad

It's a minor point. Insufficient signage is always the strong one.