UKPC Parking fees at McDonald's, Broughton

KeithP

Pessa said:

B789 said:

Pessa said:

This is what I wrote:

The facts as known to the Defendant: 

1. It is admitted that the Defendant was the registered keeper and driver of the vehicle.

2. The Defendant was a customer at McDonald’s and parked outside McDonald’s along with 2 passengers, for which at the time all 3 individuals including the Defendant had gone to eat at the restaurant, which was extremely busy on the day. The Defendant finished eating at McDonalds’s, waited to collect a take-out food order before returning to their vehicle.

3. The Defendant avers that the Claimant failed to serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012. 

The other paragraphs are the standard ones from Johny86.

If you've admitted to being the driver in #1 and also in #2, why are you using #3?

They didn't send me a Notice to Keeper. If you look at my initial post, they only sent me the notification that I had overstayed which I appealed...

OK, since you mention it, let's look at your initial post.
In your initial post you say...

Pessa said:

I received the notice in the post that I went over the time required for McDonald's customers. So it was a shock to receive the parking notice.

That Notice you received in the post was sent to the Keeper. It couldn't be simpler - that notice was a Notice to Keeper.

Anyway, the point is that as the parking company know who was driving there is absolutely no need for your Defence to mention a Notice to Keeper or The Protection of Freedoms Act.

Pessa

KeithP said:

Pessa said:

B789 said:

Pessa said:

This is what I wrote:

The facts as known to the Defendant: 

1. It is admitted that the Defendant was the registered keeper and driver of the vehicle.

2. The Defendant was a customer at McDonald’s and parked outside McDonald’s along with 2 passengers, for which at the time all 3 individuals including the Defendant had gone to eat at the restaurant, which was extremely busy on the day. The Defendant finished eating at McDonalds’s, waited to collect a take-out food order before returning to their vehicle.

3. The Defendant avers that the Claimant failed to serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012. 

The other paragraphs are the standard ones from Johny86.

If you've admitted to being the driver in #1 and also in #2, why are you using #3?

They didn't send me a Notice to Keeper. If you look at my initial post, they only sent me the notification that I had overstayed which I appealed...

OK, since you mention it, let's look at your initial post.
In your initial post you say...

Pessa said:

I received the notice in the post that I went over the time required for McDonald's customers. So it was a shock to receive the parking notice.

That Notice you received in the post was sent to the Keeper. It couldn't be simpler - that notice was a Notice to Keeper.

Anyway, the point is that as the parking company know who was driving there is absolutely no need for your Defence to mention a Notice to Keeper or The Protection of Freedoms Act.

Making that change now too. Thank you

Pessa

I have made the changes. See below:

The facts as known to the Defendant: 

1.     It is admitted that the Defendant was the registered keeper and driver of the vehicle.

2.     The Defendant was a customer at McDonald’s and parked outside McDonald’s along with 2 passengers, for which at the time all 3 individuals including the Defendant had gone to eat at the restaurant, which was extremely busy on the day. The Defendant finished eating at McDonalds’s, waited to collect a take-out food order before returning to their vehicle. 

3.     The Particulars of Claim ('POC') appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action”. 

4.     The Defendant is unable, on the basis of the POC, to understand with certainty what case is being pursued. Any breach is denied and no T&Cs were seen or accepted.

Coupon-mad

I'd add that no signs were seen and no parking terms were prominently communicated at all, so any breach is denied and the Defendant doesn't know from the claim what it is alleged they did wrong.  In a retail park it could be overstay, or failing to exempt the vehicle on a VRM keypad/tablet in McDonalds, or parking outside of a bay...any number of things but the Particulars are silent.

Pessa

Coupon-mad said:

I'd add that no signs were seen and no parking terms were prominently communicated at all, so any breach is denied and the Defendant doesn't know from the claim what it is alleged they did wrong.  In a retail park it could be overstay, or failing to exempt the vehicle on a VRM keypad/tablet in McDonalds, or parking outside of a bay...any number of things but the Particulars are silent.

Done. Thank you very much. 

Here is what I'm submitting now

The facts as known to the Defendant: 

1.     It is admitted that the Defendant was the registered keeper and driver of the vehicle.

2.     The Defendant was a customer at McDonald’s and parked outside McDonald’s along with 2 passengers, for which at the time all 3 individuals including the Defendant had gone to eat at the restaurant, which was extremely busy on the day. The Defendant finished eating at McDonalds’s, waited to collect a take-out food order before returning to their vehicle.

3.     The Particulars of Claim ('POC') appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action”. 

4.     The Defendant is unable, on the basis of the POC, to understand with certainty what case is being pursued. No signs were seen and no parking terms were prominently communicated at all, so any breach is denied and the Defendant doesn't know from the claim what it is alleged they did wrong.  

Coupon-mad

And all the rest of the defence of course (but don't show us!).

Pessa

Coupon-mad said:

And all the rest of the defence of course (but don't show us!).

Of course. Goes without saying. Thank you for your advice

Pessa

Hello everyone, sorry I have been quiet, I've been down with flu. I submitted my defence and received a letter from the tribunal acknowledging receipt of my defence and that they would be serving a copy on the claimant or their solicitor. I am going to contact the court regarding the DQ according to the advice from Post #2. 

Boat_to_Bolivia

Your MCOL history will tell you if the court has sent you a DQ yet.

KeithP

Pessa said:

Hello everyone, sorry I have been quiet, I've been down with flu. I submitted my defence and received a letter from the tribunal acknowledging receipt of my defence and that they would be serving a copy on the claimant or their solicitor. I am going to contact the court regarding the DQ according to the advice from Post #2. 

The CCBC sent you a letter saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back at the CCBC, remembering to send a copy to the Claimant of course?