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Urgent, court hearing in July, WHAT NEXT :(
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It really makes your blood boil and your skin crawl, doesn't it1505grandad said:"The main thing is trying to find the time to work / run a house / 3 kids / and find time to pull the evidence together. Just infuriates me that they can behave like this!"They are well aware that most people have better things to do than deal with this scam:-Steve Gooding, director of the RAC Foundation, said:“If only the rest of the economy was booming like the private parking sector, perhaps we’d all be feeling more prosperous.“Private parking looks set to be a billion pound-a-year business, if it isn’t already, with demands for up to £100 a time being sent out to drivers at the rate of more than one every three seconds.
Scamming thugs
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This is an excellent point - I received a claim form today for the county court business centre so I am basing all my defence on this!!! Eeeeeek so nervous - thank you Le Kirk - Logging on and seeing this helped boost me with new found confidenceLe_Kirk said:
What is the grace period for? You live there, you have a tenancy/lease agreement/contract with nothing in your contract that specifies that you have to display permits or pay to a third party and nothing that says a third party can sue you for anything. it is not a public car park and not attached to a supermarket or pub; grace periods normally allow an amount of time after the parking period ends to leave the area. This does not fit with your situation.ISTIAWAN said:I am trying to find a little more about the primacy of contracts as my tenancy def doesn’t say anything regarding parking so this will be my first point.
The management company have told me there is a 5 minute grace period but there is no evidence they have adhered with this so this will be my second point.
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This is an excellent point - I received a claim from today for the county court business centre so I am basing all my defence on this!!!What about the template defence, already covering most of the points you need?Eeeeeek so nervousNo need. Follow the process and you will never get anywhere near a court hearing.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street6 -
This is my defence. I’d be really grateful for any comments - Thanks xx
DEFENCE
1. The Particulars of Claim lack specificity and are embarrassing. The Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars.
2. The Particulars of Claim fail to refer to the material terms of any contract and neither comply with the CPR 16 in respect of statements of case, nor the relevant practice direction in respect of claims formed by contract or conduct. The Defendant further notes the Claimant's failure to engage in pre-action correspondence in accordance with the pre-action protocol and with the express aim of avoiding contested litigation.
3. It is admitted that at all material times the Defendant is the registered keeper of vehicle registration mark ********* which is the subject of these proceedings. The vehicle is insured with ******* Car Insurance with 2 named drivers permitted to use it.
4. It is admitted that on 11/07/2022 & 29/07/ 2022 the Defendant's vehicle was parked at ++++++++++++++++
5. It is denied that the Defendant was the driver of the vehicle. The Claimant is put to strict proof.
5.1. The Claimant has provided no evidence (in pre-action correspondence or otherwise) that the Defendant was the driver. The Defendant avers that the Claimant is therefore limited to pursuing the Defendant in these proceedings under the provisions set out by statute in the Protection of Freedoms Act 2012 (“POFA")
5.2. Before seeking to rely on the keeper liability provisions of Schedule 4 POFA the Claimant must demonstrate that:
5.2.1. there was a ‘relevant obligation’ either by way of a breach of contract, trespass or other tort; and
5.2.2. that it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to the registered keeper.
It is not admitted that the Claimant has complied with the relevant statutory requirements.
5.3. To the extent that the Claimant may seek to allege that any such presumption exist, the Defendant expressly denies that there is any presumption in law (whether in statute or otherwise) that the keeper is the driver. Further, the Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of parliament, they would have made such requirements part of POFA, which makes no such provision. In the alternative, an amendment could have been made to s.172 of the Road Traffic Act 1988. The 1988 Act continues to oblige the identification of drivers only in strictly limited circumstances, where a criminal offence has been committed. Those provisions do not apply to this matter.
6. It is denied that the Defendant or lawful users of his/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 leaseholder of +++++++++++++ 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 areas, 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.
7. 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.
7. Accordingly it is denied that:
7.1. there was any agreement as between the Defendant or driver of the vehicle and the Claimant
7.2. there was any obligation (at all) to display a permit; and
7.3. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.
8. It is denied that the Claimant has standing to bring any claim in the absence of a contract that expressly permits the Claimant to do so, in addition to merely undertaking parking management. The Claimant has provided no proof of any such entitlement.
9. It is denied that the Claimant has any entitlement to the sums sought.
10. It is admitted that interest may be applicable, subject to the discretion of the Court on any sum (if awarded), but it is denied that interest is applicable on the total sums claimed by the Claimant.
STATEMENT OF TRUTH
I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
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What is 'the MCOL form'?ISTIAWAN said:
Are you saying that you have today filed an Acknowledgment of Service?
Did you do that via the MCOL website?
To get good guidance you need to be quite clear when providing information.2 -
Oops so sorry - Yes I filed an Acknowledgment of service and followed the steps via the info provided by the Newbies thread, this was submitted via the MCOL website.KeithP said:
What is 'the MCOL form'?ISTIAWAN said:
Are you saying that you have today filed an Acknowledgment of Service?
Did you do that via the MCOL website?
To get good guidance you need to be quite clear when providing information.0 -
With a Claim Issue Date of 11th April, and having filed an Acknowledgment of Service on 12th April, you have until 4pm on Wednesday 10th May 2023 to file your Defence.
That's four weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.Don't miss the deadline for filing a Defence.
Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.4 -
The above draft is not the Template Defence.
Read other DCBLegal claims threads over athe past 2 months. Copy the added paragraphs by @Johny86
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