Claim Form for Parking Charge, help!

Coupon-mad

Looks fine.  But remove this:

" The VCS signage did not state any agreements intended to form within the basis of contract between the Creditor and the Driver and are in breach of its IPC Code of Practice Part E Schedule 1."

Obviously you can't say that, if your argument is that you saw no terms at all.

What do you mean 'not enough' given that the template defence gives you more anyway?

1505grandad

Just checking  -  can you confirm the name of the claimant on the claim form.

AffiaAngel

Coupon-mad said:

Looks fine.  But remove this:

" The VCS signage did not state any agreements intended to form within the basis of contract between the Creditor and the Driver and are in breach of its IPC Code of Practice Part E Schedule 1."

Obviously you can't say that, if your argument is that you saw no terms at all.

What do you mean 'not enough' given that the template defence gives you more anyway?

Ok makes sense, I have removed that paragraph now, thank you.

I mean it doesn't feel like enough facts on my end but I hope it is enough given the whole template of the defence. Thank you for your help in this!

AffiaAngel

1505grandad said:

Just checking  -  can you confirm the name of the claimant on the claim form.

It is Northwestern Parking Management Ltd

1505grandad

So BPA AoS members  -  are you sure the first of the name is correct?

AffiaAngel

Sorry, typo, it's Northwest Parking Management

AffiaAngel

Hi, my defence deadline is Wednesday. Would appreciate some feedback on my final written defence:

The facts as known to the Defendant:

2. It is admitted that the Defendant was the Registered Keeper and Driver of the vehicle in question.

3. The Defendant asserts that the Claimant's signs at the location cannot form any contract with the Driver and any breach of terms is also denied.
It is confirmed that the Driver did not see any car park entrance signs upon entry nor any obvious and clear VCS signage.
The Supreme Court has made clear that, in order to recover a penalty, appropriate signs must be present upon entry of the parking site and displayed clearly the terms and conditions with appropriate size of text and contrast of colours to be easily readable within the location at the time of parking that are in compliance within its IPC Code of Practice. The Claimant fails in both respects. On the date of the alleged breach of contract, no appropriate signs were in place and therefore it cannot be reasonably determined that a legally binding contract could be agreed upon between the Defendant and the Claimant.

4. The Claimant is not the land-owner and does not have the capacity to take legal action on their own behalf unless it has occupational rights over the land in accordance with the IPC Code of Practice Part B 1.1.

KeithP

AffiaAngel said:

...in compliance within its IPC Code of Practice.
.
.
...in accordance with the IPC Code of Practice Part B 1.1.

As @1505grandad pointed out, they are BPA AOS members.

As such they are not bound by the IPC's Code of Practice, but by the BPA's Code of Practice.

AffiaAngel

Oh sorry, I thought that was something different, this gets confusing for me but thank you for clarifying. I got the information about them being bound by IPC's Code of Practice from another thread about Northwest Parking Management... I will do some research and re-write my defence

AffiaAngel

Is this better? (Read the AOS Code of Practice and I didn't see any mention about VCS signage so shall I remove this?)

The facts as known to the Defendant:

2. It is admitted that the Defendant was the Registered Keeper and Driver of the vehicle in question.

3. The Defendant asserts that the Claimant's signs at the location cannot form any contract with the Driver and any breach of terms is also denied.
It is confirmed that the Driver did not see any car park entrance signs upon entry nor any obvious and clear VCS signage.
In accordance with the British Parking Association (BPA) Code Of Practice, which the Claimant is a current member of, appropriate mandatory parking entrance signs must be present upon entry of the parking site that must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. The signage must also follow minimum general principles including a standard format following appropriate contrast and illumination that is clearly readable, taking into account the expected speed of vehicles approaching the car park that are in compliance within the AOS Code of Practice as well as additional signage placed prominently around the sight to give the drivers an opportunity to read them at the time of parking or leaving their vehicle. The Claimant fails in both respects. On the date of the alleged breach of contract, no appropriate signs were in place and therefore it cannot be reasonably determined that a legally binding contract could be agreed upon between the Defendant and the Claimant.

4. The Claimant is not the land-owner and does not have the capacity to take legal action on their own behalf unless it has occupational rights over the land in accordance with the BPA AOS Code of Practice.