PCM Claim Form time to write a defence

Johnson2015

Le_Kirk said:

Johnson2015 said:

2.     It is admitted that at all material times the Defendant was the registered keeper of vehicle registration mark XXXXX, however uses a second car day to day. The vehicle which is the subject of these proceedings was insured with xxxxxxxxxx with xxx named drivers permitted to use it. The Defendant was not the driver of the vehicle in question. It is admitted that on xxxxxxx the Defendant's vehicle was parked at xxxxxxxx and it is denied that the Defendant was the driver of the vehicle. The vehicle was parked in a visitor bay displaying a valid visitor permit. A ticket was issued on the windscreen, however the defendant presumed this was made in error as the defendant has lived at the address since 2017 and has parked both her vehicles the vehicle(s) have been parked in either her allocated or residential (visitor) bay on numerous occasions. The defendant was unaware of any previous correspondence in relation to the parking charge as she has never received any letters.

I would adjust as above, the way you have written it suggest you were the driver.  Is a residential bay different to a visitor bay as you have used differing terms?

Yes, the visitor bay has a v sign and the allocated bay is another letter. Thanks for your feedback. Much appreciated

Johnson2015

@Le_Kirk @B789

Final draft I hope......I have inputted the sub headings as its helpful for the judge and it flows with the rest of the body of the TD text.

1.     It is admitted that at all material times the Defendant was the registered keeper of vehicle registration mark XXXXX. The vehicle was insured with xxxxxxxxxx with xxx named drivers permitted to use it. The Defendant was not the driver of the vehicle. The vehicle was parked in a visitor bay displaying a valid visitor permit. A ticket was issued on the windscreen. However, the defendant presumed this was issued in error as the defendant has lived at the address since 2017 and has always parked both her vehicles in either her allocated or visitor bay. The defendant was unaware of any previous correspondence in relation to the parking charge as she never received any letters.

Authority to Park and Primacy of Contract

2.     It is denied that the Defendant or lawful users of her vehicle were in breach of any parking conditions or were not permitted to park in circumstances where an express permission to park had been granted to the Defendant permitting the above-mentioned vehicle to be parked by the current occupier and tenant of XXXXXXXXXXXXXXXX, whose tenancy agreement permits the parking of vehicle(s) on land. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the lease, which cannot be fettered by any alleged parking terms. The lease terms provide the right to park a vehicle in the relevant allocated bay, without limitation as to type of vehicle, ownership of vehicle, the user of the vehicle or the requirement to display a parking permit. A copy of the lease will be provided to the Court, together with witness evidence that prior permission to park had been given.

3.     The Defendant avers that the operator’s signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial. Accordingly, it is denied that there was any agreement as between the Defendant or driver of the vehicle and the Claimant. It is denied there was any obligation (at all) to display a permit, and that the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.

Forbidding Signage

4.     The Particulars of Claim do not give any reasons why the Claimant requires a payment other than it results from ‘breaching the terms of parking on the land’. Signage displayed at XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX are forbidding signs that cannot create a contract. In the cases of B4GF26K6 PCM (UK) v Mr B, B4GF27K3 PCM (UK) v Mr W and B4GF26K2 PCM (UK) v Ms L it was demonstrated that forbidding signage at residential parking spaces did not create a contract. Also, the defendant objects to Gladstones attempt at adding interest at 10.25% which is extortionate.

Coupon-mad

You still have this:

"and has always parked both her vehicles"

Johnson2015

Coupon-mad said:

You still have this:

"and has always parked both her vehicles"

Missed that one....thank you! 

Johnson2015

So I am ready to submit,  however I've read the following.

"Send your signed & dated pdf as an email attachment to CCBCAQ@Justice.gov.uk but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement straight back or it is NOT submitted!"

I don't have access to a printer that scans so can I just type my name and date? Also, it is due Tuesday so with the bank holiday weekend fast approaching, and it coinciding with my holiday, would it be best to send it today before 4pm??

B789

You can sign it electronically by just typing your name in. However, you must also sign a printed page which you must keep and be able to show in court if asked. Otherwise, you can take a photo of your signature and use that on your document.

All the guidance for emailing the court any documents in this pdf:  https://www.dropbox.com/s/d51els6uzposgu7/Courts_email_guidance.pdf?dl=0

Johnson2015

B789 said:

You can sign it electronically by just typing your name in. However, you must also sign a printed page which you must keep and be able to show in court if asked. Otherwise, you can take a photo of your signature and use that on your document.

All the guidance for emailing the court any documents in this pdf:  https://www.dropbox.com/s/d51els6uzposgu7/Courts_email_guidance.pdf?dl=0

I managed to sign it electronically as I have a digital image of my signature saved. Submitting now. 

KeithP

B789 said:

All the guidance for emailing the court any documents in this pdf:  https://www.dropbox.com/s/d51els6uzposgu7/Courts_email_guidance.pdf?dl=0

@B789, while I think I understand your reason for hosting a copy of a Government document on your Dropbox, I do has reservations about the suitability of that.

The big issue that I see is... how are you going to keep the stuff you host up to date?

For example, take the document mentioned in your above post. It has a published date of Monday 6th April 2020, which coincidentally makes it exactly three years old today.
It will be due for review very soon.
As soon as a revised version is published, your dropbox image becomes outdated. Do you have any way of being notified of updates to the documents that you host copies of?

Also links to your dropbox images are going to be scattered across this forum. People are going to rely on the information they find in totally unrelated, and probably forgotten, threads.

Whilst I applaud your attempt to make important information more easily accessible, I do feel there must be a better way. Unfortunately, I don't know what that 'better way' might be.

I have also noticed that you have hosted other stuff written by posters on this forum. For example, the checklist you have 'lifted' from the opening post of the template defence thread. Again I understand your reason, but I also have the same reservation - your dropbox snapshot will become out of date and people won't be referring to the latest information.

I make this post purely to point out my concerns. Please take it as constructive.  

Johnson2015

KeithP said:

B789 said:

All the guidance for emailing the court any documents in this pdf:  https://www.dropbox.com/s/d51els6uzposgu7/Courts_email_guidance.pdf?dl=0

@B789, while I think I understand your reason for hosting a copy of a Government document on your Dropbox, I do has reservations about the suitability of that.

The big issue that I see is... how are you going to keep the stuff you host up to date?

For example, take the document mentioned in your above post. It has a published date of Monday 6th April 2020, which coincidentally makes it exactly three years old today.
It will be due for review very soon.
As soon as a revised version is published, your dropbox image becomes outdated. Do you have any way of being notified of updates to the documents that you host copies of?

Also links to your dropbox images are going to be scattered across this forum. People are going to rely on the information they find in totally unrelated, and probably forgotten, threads.

Whilst I applaud your attempt to make important information more easily accessible, I do feel there must be a better way. Unfortunately, I don't know what that 'better way' might be.

I have also noticed that you have hosted other stuff written by posters on this forum. For example, the checklist you have 'lifted' from the opening post of the template defence thread. Again I understand your reason, but I also have the same reservation - your dropbox snapshot will become out of date and people won't be referring to the latest information.

I make this post purely to point out my concerns. Please take it as constructive.  

So how long after submission should I await for email correspondence to say it's been received?? 

KeithP

Johnson2015 said:

KeithP said:

B789 said:

All the guidance for emailing the court any documents in this pdf:  https://www.dropbox.com/s/d51els6uzposgu7/Courts_email_guidance.pdf?dl=0

@B789, while I think I understand your reason for hosting a copy of a Government document on your Dropbox, I do has reservations about the suitability of that.

The big issue that I see is... how are you going to keep the stuff you host up to date?

For example, take the document mentioned in your above post. It has a published date of Monday 6th April 2020, which coincidentally makes it exactly three years old today.
It will be due for review very soon.
As soon as a revised version is published, your dropbox image becomes outdated. Do you have any way of being notified of updates to the documents that you host copies of?

Also links to your dropbox images are going to be scattered across this forum. People are going to rely on the information they find in totally unrelated, and probably forgotten, threads.

Whilst I applaud your attempt to make important information more easily accessible, I do feel there must be a better way. Unfortunately, I don't know what that 'better way' might be.

I have also noticed that you have hosted other stuff written by posters on this forum. For example, the checklist you have 'lifted' from the opening post of the template defence thread. Again I understand your reason, but I also have the same reservation - your dropbox snapshot will become out of date and people won't be referring to the latest information.

I make this post purely to point out my concerns. Please take it as constructive.  

So how long after submission should I await for email correspondence to say it's been received?? 

You should get an automatic email receipt within a matter of minutes.

A few days later you should see an entry on your MCOL Claim History something like...
Your defence was received on dd/mm/yyyy