UK Parking Control Claim Form

Ismaiel_c

This is sign as you enter retail park

Ismaiel_c

The facts as known to the Defendant:

 

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but was not the driver at the time.

3. The defendant in the case of the alleged parking charge dated 15/04/2017 denies any contract was entered into as he wasn’t the driver at the time. From observation of the parking facility where the driver enters the  parking there is no signage stating the driver will be entering into a “contract” nor any signs stating a maximum time limit to park within the parking nor a sign in any prominent location where customers are able to see them.

3.1 The signs in this car park are not in prominent, clear, or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.

Coupon-mad

OK, but you don't have time to do this.  Just state what you know and don't know about the parking event.

Ismaiel_c

All i know is my friend had the car and got the ticket

Coupon-mad

Done the defence yet, then?  You have the template, I've written 95% of it for you.

Ismaiel_c

Just going to write this

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but was not the driver at the time.

3. The defendant in the case of the alleged parking charge dated 15/04/2017 denies any contract was entered into as he wasn’t the driver at the time.

KeithP

Ismaiel_c said:

3. The defendant in the case of the alleged parking charge dated 15/04/2017 denies any contract was entered into as he wasn’t the driver at the time.

How can the Defendant say that?
All the Defendant can say is that he didn't enter into any contract.
The allegation is that by parking, the driver entered into a contract to park.

Ismaiel_c said:

From observation of the parking facility where the driver enters the  parking there is no signage stating the driver will be entering into a “contract”...

There is this sign at the entrance...
[click on the image to go to GSV]
That GSV image is dated April 2017 so quite close to your parking event.

Unfortunately the whole layout of that car park has changed in the last couple of years.


Every day that passes is another day for the Claimant to seek, and get, that Default Judgment against you.

Ismaiel_c

KeithP said:

Ismaiel_c said:

3. The defendant in the case of the alleged parking charge dated 15/04/2017 denies any contract was entered into as he wasn’t the driver at the time.

How can the Defendant say that?
All the Defendant can say is that he didn't enter into any contract.
The allegation is that by parking, the driver entered into a contract to park.

Ismaiel_c said:

From observation of the parking facility where the driver enters the  parking there is no signage stating the driver will be entering into a “contract”...

There is this sign at the entrance...
[click on the image to go to GSV]
That GSV image is dated April 2017 so quite close to your parking event.

Unfortunately the whole layout of that car park has changed in the last couple of years.


Every day that passes is another day for the Claimant to seek, and get, that Default Judgment against you.

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but was not the driver at the time.

3. The defendant in the case of the alleged parking charge dated 15/04/2017, didn't enter into any contract, the allegation is that by parking, the driver entered into a contract to

Coupon-mad

You can't deny a contract if you were not there.

This would do (only of it's true you weren't driving):

2. It is admitted that the Defendant was the registered keeper of the vehicle in question.  Despite the long period of time since the alleged event, the Defendant is aware that they were not the driver at the time and does not believe the Claimant complied with the applicable law to hold him liable as registered keeper.  The Claimant is put to strict proof of all their allegations, not that they are clearly stated.  The Defendant asks the court to consider how they are expected to respond to unidentifiable and unspecified allegations such as this Claimant’s Particulars of Claim ('POC').  The Claimant's legal representative has used generic template wording and the POC are deficient, failing to comply with CPR 16.4. 

3. The defendant in the case of the alleged parking charge dated 15/04/2017 has no idea about the terms of any alleged parking contract, as he wasn’t the driver at the time, no evidence has been provided by the Claimant and this purported parking event is from almost six years ago.  The defendant denies liability for any sum at all and notes that the Claimant has sat on their hands for almost six years and is now expecting the courts to wave through extortionate costs and interest, as some sort of reward for the Claimant's inaction.  There is no explanation as to whether the Claimant is able to rely upon the POFA 2012 (keeper liability) in this case - which is not automatic - and nothing details the term that the third party driver allegedly breached.

Ismaiel_c

Your acknowledgment of service was submitted on 13/01/2023 at 18:54:45

Your acknowledgment of service was received on 16/01/2023 at 01:05:31

A judgment was issued against you on 06/02/2023 at 19:08:32

Just saw this now