County Court Business Centre, AOS (CHECK) - now writing my defence - PLEASE HELP!

B789

Just KISS. You are defending against what the intellectually malnourished eejits have stated in their PoC. Stop giving them all the meat they want by writing War & Peace. All you need to state is that you were the RK and or the driver at the location and your reason for being/visiting at that location. If the PoC don't allege anything else definitive, then don't do their job for them.

You can be as verbose and attach as much evidence as you like at WS time. Until then, just respond to the specifics in the PoC.

Jelly_bean30

hERE IS TH ECLAIM FORM

B789

Jeez... how many PCNs did you receive? Judging by that sum, I'd hazard a guess somewhere in the region of 15 or 16.

This needs to be defended very robustly as the thieving bar stewards are unlikely to just give up on that meal ticket.

Jelly_bean30

So is something like this more like it?

The defendant did pay for parking within the private car park managed by the claimant. The defendant believes they did not contravene the claimants’ displayed terms and conditions in the car park located at XXX. The defendant admits to being the owner and the driver of the vehicle (INPUT REG).

Jelly_bean30

@B789 I got them all through paying late, some were during covid when they said they weren't charging anyone to park and one was even with my parking permit in the window!

KeithP

This bit of the Claim interests me...

They are saying that interest on the sum of £2620.00 since 1st March this year amounts to £725.15.
Let's give them a few days benefit to keep the sums simple, and say the period is six months from 1st March 2023 to 1st September 2023.

If £725.15 is six months interest, then a whole year's interest is double that at £1450.30.

Just at a glance we can see that the annual interest rate is over 50%

Or to use detailed arithmetic...
1450.30 / 2620.00 x 100 = 55.35%



OK, we can also see in the Particulars that some parking incidents were back in 2017, but as the Claimant states in their Particulars of Claim, their calculation is 'at the rate of 8% p.a. from 01/03/23 to date'.

B789

Did you appeal any of the PCNs? Did you approach your management or union about this? Have you complained to your MP? What actions have you taken as part of Plan A?

Aside from late payment, are any for not paying at all?

Those PoC are woefully inadequate, especially for a claim of this size and it may be worth trying to get a judge to get them to particularise the PoC more specifically or, better still, getting the claim thrown out for abusing the practice directions of issuing the claiming such a sloppy and inadequate manner.. From what has been submitted, they are extracting the urine, so to speak, by not even counting how many PCNs are involved.

Jelly_bean30

I did not appeal any of them, nor did I ever contact them directly, I did contact PALS and my local MP who both tried to help but didn't get anywhere with that. I also request a SAR and sent them proof of who I was with a bank statement but they wouldn't send me anything as I couldn't find my V5 form to also send them. 

As for not paying there might be 2 from 28/2017 and 3/18. There is a third from 5/2023 that was during the covid lockdown when they were letting everyone park for free. But is there are any after that then I can't see as the list of tickets only goes up to July 2020. It's my fault for running into work and putting my patients ahead of paying straight away.

Jelly_bean30

KeithP said:

This bit of the Claim interests me...

They are saying that interest on the sum of £2620.00 since 1st March this year amounts to £725.15.
Let's give them a few days benefit to keep the sums simple, and say the period is six months from 1st March 2023 to 1st September 2023.

If £725.15 is six months interest, then a whole year's interest is double that at £1450.30.

Just at a glance we can see that the annual interest rate is over 50%

Or to use detailed arithmetic...
1450.30 / 2620.00 x 100 = 55.35%

Interest being charged at a rate of over 55% p.a. 

OK, we can also see in the Particulars that some parking incidents were back in 2017, but as the Claimant states, their calculation is 'at the rate of 8% p.a. from 01/03/23 to date'.

Do they have a maximum amount they can charge interest at or just them being VERY greedy?

Coupon-mad

Jelly_bean30 said:

So is something like this more like it?

The defendant did pay for parking within the private car park managed by the claimant. The defendant believes they did not contravene the claimants’ displayed terms and conditions in the car park located at XXX. The defendant admits to being the owner and the driver of the vehicle (INPUT REG).

No you need more.

Your case is like this one (except for the bits about the vehicle being a leased car - Hirer):
https://forums.moneysavingexpert.com/discussion/6468549/urgent-help-ccbc-stage

Look at their thread and claim form location. Is that one of your colleagues?

Send them a pm and ask, and support each other later on with extra witness statements for each other's case.

I think you should both get this is the local paper.  Name and shame Euro Car Parks for targeting a midwifery NHS team and you might well see the claims cancelled, as this isn't a time when the BPA want this bad publicity.

If you want support, send me a pm as well. I can use your cases as a Case Study for the Government reform and Call for Evidence.

Is anyone else affected?  I bet there is a whole batch of these... Have you asked colleagues?

How many workers have court claims this month?

DO NOT LET THEM PAY BUT THEY HAVE TO COME HERE VERY QUICKLY TO DEFEND.

AND ALL CHOOSE SOUTHAMPTON COURT, IF I'M RIGHT ABOUT THE HANTS LOCATION.