Court claim for PCN on a sold car - ParkingEye

Fruitcake

am1980 said:

I'm confused as to what template to use for ParkingEye, as it differs to other companies. I've searched other parkingeye winning examples but they don't have any points relevant. Are none of the following points of the 'main' template useful?

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

The facts as known to the Defendant:

2. I was neither the keeper or the driver

3. The vehicle, registration number XXXX was sold on X June 2022. The DVLA logbook was updated to new keeper on X July  2022. I have evidence of the sale, including financial transaction, insurance cancellation, new keeper’s insurance and photographs of the new keeper collecting the vehicle.  

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for using, in part, pre-written wording suggested by a reliable online help resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence....... etc 

ParkingEye don't add on fake debt collector/admin charges (unless they have recently begun to so this), so you must remove all references to it from the template.
PE signs are normally very good and they were one of the reasons they won against Mr Beavis in the Supreme Court. Unless the signs at the site are missing or damaged then you may want to remove those parts as well.

The main point of your defence should be that you were no longer the owner, nor driver, nor keeper at the material time.

I see in your draft of para 3 that you didn't go with my suggested wording from my post on the 2nd of March. Do you really think it is a good idea to tell the claimant you didn't update the DVLA until nearly a month later?
Whilst it shouldn't affect the outcome, you really don't want to give the claimant information that is useful them.

Coupon-mad

This is why I provide a few separate examples in the NEWBIES thread, showing what people have said in ParkingEye defences.

Don't use the template defence for ParkingEye claims that they've filed themselves.

am1980

Thank you all! 

The facts as known to the Defendant:

2. The Defendant was neither the registered keeper or the driver

3. The vehicle, registration number CE11LLT, was sold on 18th June 2022 and out of my possession. PCN claims the vehicle CE11LLT was parked without a valid paid parking ticket 21 June 2022, clearly after the car was sold. The Defendant has evidence of the sale, including financial transaction, insurance cancellation, new keeper’s insurance and photographs of the new keeper collecting the vehicle all on 18th June 2022.

In the mean time I'll review other examples of parking eye defences to try to add more points to this. 

B789

am1980 said:

3. The vehicle, registration number CE11LLT, was sold on 18th June 2022 and out of my the defendants possession. PCN claims the vehicle CE11LLT was parked without...

Try and keep the defence totally in the third person.

KeithP

@Castle asked you a question yesterday - 9 March at 11:15AM - which you appear to have overlooked.

I.e. did you file an Acknowledgment of Service before 4pm on Monday 6th March?

am1980

KeithP said:

@Castle asked you a question yesterday - 9 March at 11:15AM - which you appear to have overlooked.

I.e. did you file an Acknowledgment of Service before 4pm on Monday 6th March?

Yes, this was filed thank you. 

am1980

Hi, unfortunately I haven't had much time to work on this and it has to be in today. If I sent it off as it is without any extra points to include is that still ok, as the defence I'm relying on is pretty straight forward? 

Coupon-mad

You are right you don't need a long defence.  This 1, 2, 3 will do (I have edited it all a little to make sense)

1. The parking charges referred to in this claim did not arise from any agreement of terms by the Defendant, who knows nothing about the alleged event.  The claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars but In any event, they have the wrong Defendant.
 
2. The Defendant was neither the keeper or the driver of that vehicle on the material date. 
3. The vehicle, registration number XXXX was sold on X June 2022. The DVLA logbook was updated to new keeper on X July  2022. The Defendant has evidence of the sale, including financial transaction, insurance cancellation, new keeper’s insurance and photographs of the new keeper collecting the vehicle.  

That defence is so short - and perfectly adequate - that I expect you could even fit it all in the defence box using MCOL,  as it is due today, then at least you are certain you've done it.

am1980

Ok great thank you. I'll look into what MCOL is and try that now. Thank you all once again!!  

Grizebeck

yes that kid of defence can be copy and pasted straight into the MCOL defence box  just add a few spaces