Received pcn after appeal date expired

aGreyArea

That's great many thanks, I've read that there examples of defence wording, but I can't seem to find them, sorry to ask but could someone please add a link if there's a thread with examples/previous defences on please?

Fruitcake

Use the guide to court written by bargepole that you will find in the second post of the sticky Announcement for NEWBIES, plus the template defence sticky Announcement that includes a twelve step guide. All the sticky Announcements are "stuck" to the top of the main forum page.

Use all of the template, but you normally only need to amend the second and third paragraphs. If you need to add more paragraphs, then remember to renumber all the following ones.
(Only) show us the parts of the template you have amended before you submit your defence by email.

One of your defence points will be the lack of claim particulars that fail to comply with the court pre-action protocol.

KeithP

aGreyArea said:

That's great many thanks, I've read that there examples of defence wording, but I can't seem to find them, sorry to ask but could someone please add a link if there's a thread with examples/previous defences on please?

I gave you a link in my previous post.
If you were to follow it and read the second post of the NEWBIES thread you wouldn't need to ask that question. 

aGreyArea

I'm sorry if I'm being blind, I've read bargepoles guide (excellent) and I've been through the newbies post and the second post I don't know how many times and have followed it step by step from the beginning. I've got, and have used, the template defence for point 3. Below that, I can see some underlined text (which is not a link) about ideas for your defence, and under that are links for if its about a residential space. I saw coupon-mad mention a thread he had for a railway win, but I can't find that either. 

Coupon-mad

I'm a she not a he!  

Just use the Template Defence and add your facts and (new for September) add the extra wording and transcript pictures, as seen in the thread by @xavian1234

aGreyArea

Coupon-mad said:

I'm a she not a he!  

Just use the Template Defence and add your facts and (new for September) add the extra wording and transcript pictures, as seen in the thread by @xavian1234

Now I really do feel stupid, sincere apologies. Looked at the the thread mentioned and it's great, many thanks!

aGreyArea

3. A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and the Practice direction to Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The Defendant asserts that this Claim is based upon an agreement by conduct. The Defendant asserts that the Claimant has failed to specify how Contract terms have been breached by the conduct of the Defendant in the POC. See below.

 

 (Im not able to add the pictures here but i have them in the doc ready to save as a pdf.) 

 

 

4. Similarly, at the Wakefield County Court on 8th September 2023, District Judge Robinson considered mirror image POC in claim K3GF9183 (Parallel Parking v anon) and struck the Claim out without a hearing. See below.

 

5. Furthermore, at Manchester District Judge McMurtrie and District Judge Ranson also struck out a claim (again without a hearing) on the grounds of POC’s lacking clarity, detail, and precision. As stated in the final image below, the Claimant’s solicitors confirmed they would not file an amended POC, demonstrating again the reliance of a number of firms on robo-letters and illegitimate practices. See below.

 

 

 

6. The Defendant believes the Claim should be struck out at Allocation stage and should not have been accepted by the CNBC due to a represented parking firm Claimant knowingly breaching basic CPRs.

7.  The charges referred to in the Particulars of Claim, which are not specified and simply referred to vaguely as "contractual breaches between 25/05/2022 and 04/08/2022", have not been issued in compliance with the relevant parts of the Protection of Freedoms Act 2012 Schedule 4, and the Claimant has no basis upon which to transfer liability for the charges from the Driver to the Defendant. The Claimant has not complied with the law being relyed upon to persue this claim. 

The Protection of Freedoms Act 2012 Schedule 4: Recovery of unpaid parking charges states:

Para 2

(1) In this Schedule- "notice to keeper" means a notice given in accordance with paragraph 8 or 9 (as the case may be)

Para 9 

(1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this  Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

(4)The notice must be given by—

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

The Claimants Notices To Keeper (NTK) are:

Incident date: 25th May 2022, NTK issued date: 30th August 2022

Incident date:14th July 2022, NTK issued date: 4th October 2022

Incident date: 4th August 2022, NTK issued date: 8th November 2022

The NTKs had been issued 98 days, 83 days and 97 days outside of the timeframe within which the Claimant has standing to transfer liability to the Keeper. 

8. The Claimants NTKs do not clearly state that liability may be transferred to the Keeper after 28 days, in contravention of the law that allows the transfer of liability to the keeper.

PoFA 2012 states:

Para 9 (2) (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

9. The site in question allows for 20 minutes waiting free of charge, though signage is unclear as to exactly where to wait. In all cited contractual breaches, the length of time within the site totaled less than the 20 minutes allowed.

aGreyArea

Hi All, is the above suitable for the defense? Does it matter that I've ordered them with the breach of CRA before the breach of PoFA? Also, NCP sent three other NTKs in parallel with these, i was able to have popla uphold the appeals on the others but the ones on this claim were received after the appeal dates had expired. Should I include that?

Coupon-mad

I think that looks good except for two typos:

"The Claimant has not complied with the law being relyed upon to persue this claim."

aGreyArea

It was quite late at night! That's great many thanks for your help, will keep the forum posted