Struggling with templates for defence of claim for parking in a disabled space

jordylass

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim were 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. 

The facts as known to the Defendant:

1. It is admitted that on the material date the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied. 

2. The Driver was a resident in the apartments above the car park. It is necessary to take a ticket and pay for the time parked in order for the barrier to be lifted to depart the car park. 

3. As well as denying that the Claimant is entitled to parking charges, the Defendant denies that the Claimant has incurred any ‘damages’ or ‘debt recovery fees’. Then there is an extortionate attempt to harvest several years’ interest, which must surely be dismissed by the court. Interest is discretionary, not an absolute entitlement and it has been falsely calculated (from day one) on the whole, exaggerated amount which hugely exceeds the parking charge.

1. The Defendant takes the point that enhancing their claim to interest on either impermissible sums or on an incorrect basis, is reason enough to disallow the claim.

2. Further, this Claimant has sat on their hands and unreasonably delayed commencing proceedings, setting themselves up to profit from a hugely exaggerated 'reward' by default, had the Claim gone undefended. As such, the defendant also take the point that – in the unlikely event that this claim is successful – interest should be disallowed or significantly reduced (per Claymore Services Ltd v Nautilus Properties Ltd[2007] BLR 452).

jordylass

Those last paragraphs are 2, 3 and 4

Coupon-mad

OK.  That works then.  But oddly, you've removed the bit saying that you did pay & display.  Of course that needs saying.

jordylass

19. The driver did not agree to pay a parking charge, let alone unknown costs, which were not quantified in prominent text on signage. It comes too late when purported debt recovery fees are only quantified after the event. 

Is this still correct when i did pay.

KeithP

jordylass said:

19. The driver did not agree to pay a parking charge.... 

Is this still correct when i did pay.

That is not the correct thing to say.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

jordylass

Changed to 
The driver did not agree to pay unknown costs, which were not quantified in prominent text on signage. It comes too late when purported debt recovery fees are only quantified after the event.

jordylass

This also

4. As well as denying that the Claimant is entitled to parking charges, the Defendant denies that the Claimant has incurred any ‘damages’ or ‘debt recovery fees’.

 Should i change to the Defendant denies that the Claimant has incurred any ‘damages’ or ‘debt recovery fees’.

Coupon-mad

It could have been left as it was. 

A 'parking charge' is NOT the same as the parking fee.  You did not agree to pay the parking charge.

jordylass

It's sent 

jordylass

I received this by email today

We write in response to your defence filed on 22nd June 2023. 
We note you state you paid for parking in order to lift the barrier and depart the car park. 
Please provide further evidence in support of the above statement or make payment for the outstanding balance of £316.92 within 14 days from the date of this email. Once further evidence has been provided we will be happy to review further. However, failure to provide evidence or make payment will result in the legal process continuing.

This happened in 2019 so i obviously don't have a receipt, I asked the site manager to confirm and he replied with this, do i just send this on to DCB

​I assume this may be a case where a PCN notice was issued?. 
If so PCN charge notice is different from parking fees (Tariff) in our car park. We have an independent parking enforcement (Signage displayed in the car park) who patrol round the clock and will issue PCN to vehicles not parked correctly inline with T&Cs. 
It is correct no one leave our car park without paying parking fee or (tariff) for using the car park as I said this has nothing to do with PCN notice a driver may receive.