Court Claim - Forbidding Parking PCN - 5 years ago

Coupon-mad

Just use the Template Defence and write paras 2 and 3 as explained in that thread.

Read a dozen other threads like yours first, if you are struggling for inspiration.  Other threads show what para 3 looks like in a typical case here.  No need for any links.  Practically every thread is about defending a court claim!

You could also replace some of my wording in the second half of the template defence about the £70 enhancement and the extortionate and wrongly-calculated interest, with Johnersh's more concise words above.

He's a solicitor and he words things more concisely (and better) than I ever could.

The template defence isn't set in stone.  Make it your own, use better wording in places but just don't delete whole points without covering them.

Le_Kirk

Just use the standard template defence, which can be found on page one of the forum, then, as @KeithP states, you will have the correct statement of truth.  All you need to do is add your own paragraphs 2 & 3 or more if required, just renumber the rest of the template,and regulars will concentrate on that, we don't normally need to critique the template written by @Coupon-mad.  Do resist the temptation to write War & Peace, keep that for the witness statement.

tygrysek

thank you @Coupon-mad & @Le_Kirk I drafted this to replace para 2&3. will mention later re £70 and incorrect interest applied.

The facts of the matter are as follows: At the time the private parking charge notice was issued, the Defendant was a driver and a permitted visitor to the location. This visitor status was validated by displaying a valid visitor permit provided by the resident.

The Defendant chose to park at the specific site in question because there were no clear indications of private land, such as adequate signage, road markings or entrance signs.

It is crucial to emphasize that there was a lack of signage at the road entrance, failing to effectively communicate to drivers the prohibition of parking. Due to the absence of clear entrance signs or road markings, it was impossible to discern that one was entering a private road where parking was forbidden.

The sole sign discovered later was positioned on the building, at considerable distance from the road, rendering it impossible for drivers to read or take notice of the small font while driving. Furthermore, the sign itself fails to specify the boundary or location to which it pertains, creating ambiguity as various parking spots surround the building.

Additionally, the road in question had been used for unrestricted parking for years before the parking charge was imposed. There was no consultation or provision of information to the residents to notify them about the implementation of new parking restrictions. Furthermore, no grace period was afforded to allow residents to adjust to the changes and comply with the new regulations.

Therefore, it is denied that the Claimant's signage is capable of establishing a legally binding contract.

If the court were to believe that sufficient signage and other circumstances were present to form a contract, it should be noted that the Claimant's notice is framed as forbidding offer, which, in essence, does not constitute valid offer at all. Consequently, no contract can be said to exist.

At most, the Defendant was granted a license to park. If the Claimant alleges a breach of this license, it would be a matter of trespass, rather than a breach of contract. Pursuing such a matter can only be done by the landowner, not the Claimant.

Coupon-mad

Licence not 'license' (= with an 's' it's an Americanism, when it's a noun in this context).

Remove at least half of those paragraphs. Keep the defence details on point. Save detail for WS stage.

tygrysek

Appreciate you taking time to read it and your comments @Coupon-mad . I removed a fair amount and will keep it for WS. Hopefully below will be more appropriate. if anyone else has any other suggestions please let me know.

2. The facts as known to the Defendant:

a)     It is admitted that on the material date the Defendant was the registered keeper and the driver of the vehicle in question.

b)    Defendant parked at the location because of the lack of clear indications, such as sufficient signage, road markings, or entrance signs, making it impossible to recognize the private nature of the road and the prohibition of parking.The only sign discovered later was distant from the road, unreadable while driving, and failed to specify the boundary or location, causing ambiguity.

c)     The road had a history of unrestricted parking, no consultation or provision of information was given to residents about new parking restrictions, and no grace period was provided to adjust to the changes.

d)    Defendant had a valid visitor permit displayed as a permitted visitor at the time the private parking charge notice was issued.

e)     Defendant denies a legally binding contract was established.

f)     Claimant's notice is a forbidding offer, not a valid offer, thus no contract can exist even if sufficient signage and circumstances were found to be present. Defendant, at most, had a licence to park, and any alleged breach pertains to trespass, which only the landowner can pursue, not the Claimant.

Coupon-mad

So much better!  That will work well within the Template Defence.

tygrysek

Coupon-mad said:

So much better!  That will work well within the Template Defence.

Thank you so much for your help! 

B789

I actually trawled through the original defence statement and, whilst it is not the template defence recommended, it would be very useful as a witness statement if rewritten in the first person with plenty of case references and highlighting the abuse of the court system by these predatory firms.

My only other point to the OP is to remember to renumber every paragraph in your Defence sequentially with an integer.

tygrysek

Thank you @B789 I'm very grateful for you taking time to look at it. It's good news it's wasn't a complete waste of time and it's suitable for WS when rewritten in the first person. 

Will take a note to renumber the paragraphs too. 

tygrysek

Hi All, I submitted a defence by email which was marked as received on MCOL on 15th of June. I haven't received anything other than the autoreply email from the claimant's legal team and the standard acknowledgement stuff from the court but no directions questionnaire from either party.

I keep on checking MCOL website regularly.

Reading the posts there may be delays to receive it. However I will be on holidays soon for 3 weeks.

Should I download the standard one and complete it now (i guess i should just select the usual things such as hearing in person in local court, no meditation ec.) and just keep it in my email ready to be sent off when MCOL status changes?

Gladstones never emailed me or acknowledged receipt of defence except from auto reply. Is it still okay to use their email to send DQ?

Should I chase court to check if DQ was sent or received from the other party?

I am not sure how long is too long to leave it etc.