Second of two claims from Excel - Now at WS stage

Coupon-mad

No update from us needed.

The ball is in your court. You didn't follow our Template Defence guidance.

Instead of emailing a signed PDF full defence, it seems you logged into MCOL again (which we clearly tell everyone not to) and you've put in a reduced defence on MCOL and ticked some boxes and filled in fields about partial payment.

You will have to update us as to how the CCBC treat this submission (maybe even a partial admission?). We've no idea what you filled in...

Just update us with what you receive next but NOT the N180 DQ form (please) and not that letter from the solicitor because both of those are already explained in the Template Defence first 12 steps.

Please re-read the first 12 steps.

At least you put a (sort of) defence in.

You cannot change your defence now but if you put it in on MCOL the system shows you what you put in (and it will have been chopped short).

B789

Based on what the OP wrote in their defence, this is what I estimated the CCBC received:

This is all the claimant will have received for your defence (1080 characters):

'The claim (as per the CCJ ‘Particulars of Claim’) is in relation to ‘a breach of contract for breaching the terms and conditions set on private land. The Defendant’s vehicle, {car reg}, was identified in the Copeland Street on the 14/06/2022 in breach of the advertised terms and conditions; namely Parked without displaying a valid ticket/permit. At all material times the Defendant was the registered keeper and/or the driver’. The particulars then continue and go on to mention that ‘the Defendant has failed to settle the outstanding liability’. This is I feel is incorrect, as the case should never have arisen in the first instance and a notice to keeper should never have been received in relation to this alleged breach. I have paid the claimant on the date of the contravention and have evidence of the payment being made on the date of the alleged breach. In reference to the first point of the claim particulars ‘parked without displaying a valid ticket/permit’. Copeland Street, Derby utilises the Connect Cashless Parking application, which allows customers to pay 

Coupon-mad

The OP can check on MCOL.

Trainerman

Well at least it gets the "I have paid and can prove it" point in. That is something to work with at WS time

Coupon-mad

Trainerman said:

Well at least it gets the "I have paid and can prove it" point in. That is something to work with at WS time

That plus all matters relating to the fairness of a contract AND SIGNS (prominence of consumer notices) which can be introduced even if not pleaded, due to s71 of the CRA 2015.

My fave legislation.  At the moment...!

HamzaM21

Coupon-mad said:

No update from us needed.

The ball is in your court. You didn't follow our Template Defence guidance.

Instead of emailing a signed PDF full defence, it seems you logged into MCOL again (which we clearly tell everyone not to) and you've put in a reduced defence on MCOL and ticked some boxes and filled in fields about partial payment.

You will have to update us as to how the CCBC treat this submission (maybe even a partial admission?). We've no idea what you filled in...

Just update us with what you receive next but NOT the N180 DQ form (please) and not that letter from the solicitor because both of those are already explained in the Template Defence first 12 steps.

Please re-read the first 12 steps.

At least you put a (sort of) defence in.

You cannot change your defence now but if you put it in on MCOL the system shows you what you put in (and it will have been chopped short).

It wasn’t chopped short and the full defence (not your template version) was sent in and is shown on the solicitors reply (a scanned copy showing they wish to proceed with the claim). I’m sorry I’m not an expert at fighting parking tickets and live on the forum to have submitted the defence you have prepared, but mistakes happen and I submitted it on MCOL as I was short on time and needed to submit something on MCOL otherwise the claim would have defaulted to a judgment and I needed something to avoid it getting to that stage. I’ve learnt from it and will know in the future if something like this comes up so I’m prepared. 

I will review the first 12 steps again and try my best in terms of getting it done and fight against it, but I can’t fathom the need to highlight my errors and then get buy in from everyone to validate those. What is this legislation you refer to signage that I can apply to my WS? and how can I still fight this claim from where I am please? I know you say the balls in my court as I didn’t follow your methods to the tee, but I need to understand how I can apply the corrective measures to ensure I have some leg to stand on to get this dismissed. 

Thanks!

Coupon-mad

Coupon-mad said:

Trainerman said:

Well at least it gets the "I have paid and can prove it" point in. That is something to work with at WS time

That plus all matters relating to the fairness of a contract AND SIGNS (prominence of consumer notices) which can be introduced even if not pleaded, due to s71 of the CRA 2015.

It's the legislation I mentioned above in my latest reply.  In full it is the Consumer Rights Act 2015.

It is mentioned in the template defence in a section relating to unclear signs and the fact the Act says they (consumer notices and terms) must be 'prominent' as well as terms being unambiguous and clear.  You could use those paragraphs from the Template Defence in your Witness Statement.

Can you show us your defence please, it will help us help you.

HamzaM21

Coupon-mad said:

Coupon-mad said:

Trainerman said:

Well at least it gets the "I have paid and can prove it" point in. That is something to work with at WS time

That plus all matters relating to the fairness of a contract AND SIGNS (prominence of consumer notices) which can be introduced even if not pleaded, due to s71 of the CRA 2015.

It's the legislation I mentioned above in my latest reply.  In full it is the Consumer Rights Act 2015.

It is mentioned in the template defence in a section relating to unclear signs and the fact the Act says they (consumer notices and terms) must be 'prominent' as well as terms being unambiguous and clear.  You could use those paragraphs from the Template Defence in your Witness Statement.

Can you show us your defence please, it will help us help you.

This here is the defence that I filled out and submitted on MCOL (my error, I admit that). I know that @B789 was saying that only part of it would have been transmitted to the claimant, however, it was not chopped short and this full narrative below is what was submitted and subsequently relayed to them: 

'The claim (as per the CCJ ‘Particulars of Claim’) is in relation to ‘a breach of contract for breaching the terms and conditions set on private land. The Defendant’s vehicle, {car reg}, was identified in the Copeland Street on the 14/06/2022 in breach of the advertised terms and conditions; namely Parked without displaying a valid ticket/permit. At all material times the Defendant was the registered keeper and/or the driver’. The particulars then continue and go on to mention that ‘the Defendant has failed to settle the outstanding liability’. This is I feel is incorrect, as the case should never have arisen in the first instance and a notice to keeper should never have been received in relation to this alleged breach. I have paid the claimant on the date of the contravention and have evidence of the payment being made on the date of the alleged breach.

In reference to the first point of the claim particulars ‘parked without displaying a valid ticket/permit’. Copeland Street, Derby utilises the Connect Cashless Parking application, which allows customers to pay for parking via the application, which is also deemed as a method listed under 'Pay by Phone' as per the claimants signage at Copeland Street car park [Evidence 1]. The application works by registering vehicles on the app and then selecting the vehicle on the day for whichever is parked. As a result, the application does not provide a physical ticket that needs to be displayed [Evidence 2]. The vehicle - {car reg} - involved in this alleged breach is one of 2 vehicles that I have registered on the application and on the day was listed as the default vehicle on my account [Evidence 3].

With reference to the second claim particular – ‘The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability’. I submitted an informal appeal to the claimant following receipt of a PCN, however, due to exceptional circumstances, my appeal was filed late and later denied as it was outside the allotted timeframe for appeals. As a result of a family bereavement, I was not able to follow this up with a formal appeal to the Independent Appeals Service (IAS) prior to receiving the CCJ. In my defence, a Parking Charge Notice (PCN) should never have arisen in the first instance and this case should not have reached the courts nor should the fine have accumulated to such value. The reason being that the parking tariff for the day - £2.70 – was paid on Tuesday 14th June 2022. My bank statement evidences this [Evidence 4a] [Evidence 4b] and the transaction is further evidence of the outgoing payment to ‘Excel Parking Services’ [Evidence 5]. This payment was taken from the debit card linked to the Connect Cashless Parking application. Therefore I do not believe there to have been a breach of the advertised terms and conditions, especially considering a valid outgoing payment was made to the claimant, meaning my vehicle was parked and had displayed a valid ticket/permit.

My defence includes photo evidence showing proof of outgoing payment on the date of the contravention, my vehicle details being registered as default on the parking system used in place at Copeland street and evidence of the claimants signage at the car park. These can be provided as and when requested. I am a law abiding citizen who observes the law and where I am at fault I will admit to wrongdoing, however, in this case the claimant has no jurisdiction to make a judgement as no wrongdoing was committed. The claimant has in turn caused me undue stress and anxiety as a result. The claimant has proceeded with this claim through forms of unwarranted harassment through making a false accusation, especially when terms and conditions were not breached.'

Granted the above is more akin to a WS as opposed to a defence that's on the templated version, but I cant change the past and will have to rock on forward with this and prepare something that will help me fight this thing once and for all and get another bit of life admin ticked off the list (fingers crossed). You guys/gals are like the gods of this forum, I really do appreciate the help. I'm hoping to have a deep dive into the NEWBIES forum over the weekend and compile a WS and also get my SAR done and sent to the claimant. Once I've drafted the SAR, i'll post it here. 

B789

You don't hve to post your SAR here. Just adapt this one and send it off:

https://www.dropbox.com/s/8pgbnze8uauvyrs/subject_access_request3.pdf?dl=0

The SAR is not part of the Court process. It is just how you get all data that the PPC has about you. If you have all the correspondence and are sure nothing is missing that will affect your WS, then you don't even need one.

HamzaM21

Hi, is anyone able to verify my witness statement against the one the claimant has sent please? These people just wont stop and its getting ridiculous that they refuse to take ownership for their sh*t parking facilities and then blame the customer through intimidation tactics.