CCJ from a private car park

JaySH

Do you think there is anything I should add/delete? Otherwise I think I will sent my defence by Monday.
Thank you very much to all of you and good weekend

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case.  The POC is devoid of any detail and even lacks specific breach allegation(s), making it very difficult to respond. However, it is admitted that the Defendant was the registered keeper and driver of the vehicle.

3. The Defendant is a key worker and remembers the quarantine being lifted around that time, so most probably was surfing at the beach by xx (and most likely one of the only sessions due to the Pandemic). The car park has one Pay & Display machine and there is a significant distance between the car park and the machine.  The Defendant had to walk a long way back to it at the entrance, from the place of parking (lower down by the beach).  The road is bumpy and not always in good condition and the signage is small and not very clear (small print). There isn’t anything obvious about any contract to pay £100 or warnings about any grace period at the car park either at that time. On a busy day if you don’t want to lose your parking space it can easily take more than 10 minutes walking to the P&D and back to display a valid ticket in the car. The Defendant couldn’t get back in time to the car park as there was no signage from the beach to indicate where the car park was due to the location (step dunes across the whole beach), making the Defendant arrive later than expected. As explained before, the only and best possible way to get an extended valid ticket at the time of the PCN (as at that time there was no app for payments) was via P&D which is not nearby. Also the phone signal is not always good, making it difficult to call if there are any issues.

Coupon-mad

Wait a few days as you don't have an ordered deadline to send a defence yet, do you?

There is something new you can add but it depends whether you have ever seen the Particulars of Claim (POC).

Assuming you never saw the claim form, did you ask the CCBC at Northampton or BW Legal for a copy of the POC?

If not, get that first.  Urgent for Monday.

If you do have the POC from the Claim Form, please reply here with them.

JaySH

The Judge gave BW Legal 7 days and 14 days for me to reply.
I am sorry for the delay.
The POC is 
"The Claim is for the sum of £106.66 being due from the Defendant in respect of a PCN for a contractual breach which occurred on xx in the private car park/land at xx in relation to a xx (previous vehicle which I no longer drive) registration mark xx. 
The PCN was issued as the driver failed to comply with the terms and conditions, as displayed.
Despite demands, the charge remains unpaid. The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.02) from xx to July/2021 being an amount of £6.66. The Claimant also claims £60.00 recovery cost as set out in The Terms and Conditions and in the ATA AoS Code of practice.

Then they also add a court fee for £35, legal representative's costs £50  on top of the above explained.
Also they keep putting my previous address on the Claim form.

Coupon-mad

OK so they sent you a copy of the claim form - DO NOT try to use the password nor respond to the CCBC at Northampton (who you are not dealing with).

It's just a copy of the original claim form, so they won't have changed the details on it, no change of address can be shown as it's an exact copy of the original.  They aren't "putting the old address on it".

It's just a copy, for info.

Did BW Legal send you further and better Particulars or a full bundle before the CCJ hearing; a witness statement with photos?

JaySH

What do you mean to use the password?
Yes, they sent a letter prior to the the hearing with background information about the issue, photos with the PCN attached to the windscreen and answering to my witness statement about the DVLA (as they state the sent it to the right address), stating also that the claim is not dead as was correctly served to the right address and CPR 13 (which later was applied by the Judge)

KeithP

JaySH said:

What do you mean to use the password?

What??
The suggestion was "DO NOT try to use the password".
Please tell us exactly which bit of that you don't understand.

JaySH

Apologises, I meant what is the password? I am guessing not to answer to BW Legal (as they sent documentation in case I want to defend myself too)
Is anything else I should be adding based on the POC. I haven't got a judge order yet and planning to send my defence by Friday (aprox 10 days). 

Coupon-mad

The password on that copy of the old claim form. Obviously it's out of date as the Claim Form has only been sent to you for info (which is why it has the old address in it). 

You just use the template defence but remove the stuff about inadequate POC because you've been sent full POC.

JaySH

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief. It is admitted that the Defendant was the registered keeper and driver of the vehicle.

3. The Defendant is a key worker and remembers the quarantine being lifted around that time, so most probably was surfing at the beach by xx car park (and most likely one of the only sessions due to the Pandemic). The car park has one Pay & Display machine and there is a significant distance between the car park and the machine.  The Defendant had to walk a long way back to it at the entrance, from the place of parking (lower down by the beach).  The road is bumpy and not always in good condition and the signage is small and not very clear (small print). There isn’t anything obvious about any contract to pay £100 or warnings about any grace period at the car park either at that time. On a busy day if you don’t want to lose your parking space it can easily take more than 10 minutes walking to the P&D and back to display a valid ticket in the car. The Defendant couldn’t get back in time to the car park as there was no signage from the beach to indicate where the car park was due to the location (step dunes across the whole beach), making the Defendant arrive later than expected. As explained before, the only and best possible way to get an extended valid ticket at the time of the PCN (as at that time there was no app for payments) was via P&D which is not nearby. Also the phone signal is not always good, making it difficult to call if there are any issues.

I don't want to go over the period of time given to answer, so most likely will be sending before the weekend.

Thanks all for your help.

PS: I am using the template you copied in this thread
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Coupon-mad

Sure but you need to go through it and remove all the mentions of the POC being 'woeful' and 'embarrassing' and the bit that says the C needs to send better particulars.