UK CPM N1 Court Claim Help

marsvoyager

Hi Everyone,

have spent the last few weeks trying to get through the great advice that you have all put together on the site.
 

Defendant now drafting defence. Have downloaded the Coupon-Mad abuse of process defence template from the 26th Feb post: https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs

Any advice on what defendant should write? How brief do they need to be 2-3 lines or more? Do they save the longer story for the witness statement?

Things defendant is thinking of including in defence:

1. No signage near where defendant stopped or in that vicinity. Photos to be added to Witness Statement ?
2. Have been a user of the same car park for over 25 years and carried out many repairs and car fittings in conjunction with Halfords and the car park has always been Free to Park, so never received any form of a PCN.
3. Defendant had not Parked but only stopped to assist their daughter with repairs on her car. Rear boot was open for access to tools etc all the time.
4. There were shopping trolleys parked in the nearest parking bay between myself and my daughters car.
5. The claimant has sent poor quality photos that actually show working on her car.
6. The claimants poor quality photos do not show all of defendants car (with the rear boot open) but also shows No Signage as they were all taken at a poor very low angle.
7. Entrance sign is situated on the Drivers Opposite side on the way in so is impossible to see without stopping to be even able to read any Terms, the bush in front covering the Terms doesn’t help.
8. Other sparsely used signs scattered around the car park are 220cm above ground and in very small illegible font. 

Any advice really appreciated.

KeithP

marsvoyager said:

Date of Issue shown on the N1 court claim form: 09 Aug 2022
Date the acknowledgment of service (AOS) was sent: 10 Aug 2022 
Date the AOS was received by the CCBC : 11 Aug 2022

Any advice really appreciated.

Hello and welcome.

With a Claim Issue Date of 9th August, and having filed an Acknowledgment of Service on 11th August, you have until 4pm on Thursday 8th September 2022 to file your Defence.

That's just over two weeks away. Plenty of time to produce a Defence and it is good to see you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

marsvoyager

KeithP said:

marsvoyager said:

Date of Issue shown on the N1 court claim form: 09 Aug 2022
Date the acknowledgment of service (AOS) was sent: 10 Aug 2022 
Date the AOS was received by the CCBC : 11 Aug 2022

Any advice really appreciated.

Hello and welcome.

With a Claim Issue Date of 9th August, and having filed an Acknowledgment of Service on 11th August, you have until 4pm on Thursday 8th September 2022 to file your Defence.

That's just over two weeks away. Plenty of time to produce a Defence and it is good to see you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

KeithP: Thanks for the Informative update on dates and other required information.

marsvoyager

Any Advice Please ?

KeithP

Show us your proposed paragraphs 2 and 3 from the Template Defence when you are ready.

marsvoyager

KeithP: Thanks will get a draft up later tonight.

marsvoyager

Defence Draft v1

11. The Claimant alleged contravention states The Particulars of Claim provide insufficient detail for the Defendant to be able to ascertain the nature of the case as pleaded. The Particulars of Claim only mention 'a breach of the terms of parking' whereas the original PCN referred to the vehicle being 'parked outside of a marked bay'. The defendant never entered into any contract knowingly as no signs were near to the Defendants vehicle.

12.  Accordingly, it is denied that the driver breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct as no enforceable contract offered at the time by claimant so no cause for action can have arisen.

13. The Claimant also stated in the Particulars of Claim that ‘the driver of the Vehicle agreed to pay the parking charge within 28 days of issue yet failed to do so’. However, the claimant has failed to provide evidence of that agreement and failed to identify who the driver that it is referring to.

14.  The global sum claimed is unconscionable and it was not shown in large lettering on any consumer signs, and it is averred that the charge offends against Schedule 2 of the Consumer Rights Act 2015 (‘the CRA’), where s71(2) creates a duty on the Court to consider the fairness of a consumer contract.  The court’s attention is drawn (but not limited to) parts 6, 10, 14 and 18 of the list of terms that are likely to be unfair.

15.  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. The Defendant denies entering into a “contract” with UK CAR PARK MANAGEMENT LIMITED as the terms only apply. The signs and lines are at best ambiguous, and the doctrine of contra proferentem means that the interpretation of the bay lines must be applied by the court, which most favours the consumer.

16.  The Claimant has failed to provide strict proof of a chain of contracts leading from the landowner to the Claimant which show that they have a right to unilaterally remove or interfere with the overriding rights conferred in the Lease.

17.  The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar poorly produced claims and the solicitor's conduct in many of these cases is believed to be currently the subject of an active investigation by the SRA.

18. The Defendant believes the term for such conduct is ‘robo-claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant. ( Once again does this clash with 10. About robo-claims?)

19. The Defendant suggests that parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support. 

Cases:

Defendant has found this case: the transcript of Jopson v Homeguard on Appeal, where the Senior Judge went into detail about what constitutes parking, or not, on private land, and that stopping for a 'minor vicissitude' is not parking at all and certainly not a breach of contract, or an agreed contract while using the bay.  (Could this be used?)

Do they need to add to the WS the Cases that have been referenced further on 6, 14, 18, 20?

Coupon-mad

This draft isn't based on the Template Defence, which we recommend it should be.  Lots of paragraphs are missing.

Not sure the Jopson case is quite right as it was a residential car park.

Pavillion Retail Park, Brighton,

I have photos of the signage there, that someone took last year and I helped them win a POPLA appeal.  One sign is entirely set back within the trolley bay such that it can't be read. Might help later?  You don't attach photos yet anyway. 

Do I need to add to the WS the Cases that have been referenced further on 6, 14, 18, 20?

To the WS yes, but you are at defence stage now.  This isn't your witness statement, which comes later.

marsvoyager

Coupon-mad said:

This draft isn't based on the Template Defence, which we recommend it should be.  Lots of paragraphs are missing.


Not sure the Jopson case is quite right as it was a residential car park.

Pavillion Retail Park, Brighton,

I have photos of the signage there, that someone took last year and I helped them win a POPLA appeal.  One sign is entirely set back within the trolley bay such that it can't be read. Might help later?  You don't attach photos yet anyway. 

Do I need to add to the WS the Cases that have been referenced further on 6, 14, 18, 20?

To the WS yes, but you are at defence stage now.  This isn't your witness statement, which comes later.
Coupon-mad said:

This draft isn't based on the Template Defence, which we recommend it should be.  Lots of paragraphs are missing.

Hi Coupon-mad: Sorry defendant may have added far too many facts, details & defence points which you say should go into 2 & 3, not sure how many points to leave in as felt they were all relevant. But defendant is using your March 2022 Template just didn't paste the rest in.

Not sure the Jopson case is quite right as it was a residential car park.

'Defendant had read about the Jopson Case in one defence, that was used about "Stopping" and Stopping is not parking as was decided in Jopson v Homeguard'

Pavillion Retail Park, Brighton,

I have photos of the signage there, that someone took last year and I helped them win a POPLA appeal.  One sign is entirely set back within the trolley bay such that it can't be read. Might help later?  You don't attach photos yet anyway. 

'Oh that would be great, the more ammunition the better for my WS.'

Do I need to add to the WS the Cases that have been referenced further on 6, 14, 18, 20?

To the WS yes, but you are at defence stage now.  This isn't your witness statement, which comes later.

'Thanks just needed confirmation especially in the correct setup / layout.'

Is there a Correct Font and Spacing Rule that needs to be applied ?

Umkomaas

Is there a Correct Font and Spacing Rule that needs to be applied ?

Times New Roman, 1.5 line spacing. 

marsvoyager

Umkomaas said:

Is there a Correct Font and Spacing Rule that needs to be applied ?

Times New Roman, 1.5 line spacing. 

Thanks Umkomaas, like to get the details right 1st time, rather than keep going backwards.