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Claim Form

2

Comments

  • tangiro23
    tangiro23 Posts: 13 Forumite
    First Post Name Dropper
    edited 8 December 2023 at 2:16PM
    Yes I have, however the letter of claim was addressed to me properly. I'm wondering what to do with that fact.  Also, previous letters had my first name twice instead of first name and surname. Obviously, why would I respond to a letter that has my name spelled incorrectly.
  • Coupon-mad
    Coupon-mad Posts: 131,314 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 8 December 2023 at 2:19PM
    What do you mean you'll be "back when the case finishes"?

    Eeek!  Defence isn't your only paperwork job!  See the NEWBIES thread.  You'll likely lose your case if you don't do a WS later.

    Also most first draft defences here are imperfect, despite the Template Defence providing 95% of the wording.

    So usually we advise you should show us what you plan to add to the Template.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • tangiro23
    tangiro23 Posts: 13 Forumite
    First Post Name Dropper
    edited 8 December 2023 at 5:07PM
    Ok so here's my Defence letter draft (I've covered any information that could be used to identify me):

    I have edited the number 3 as in the template there was section about not visible signs and lines (signs and lines were there and the parking warden took photos of them as well).

    Points 4 and reminder of the template was not edited and left in the defence letter.

    ***********************
     
    DEFENCE 
     
    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 in breach of any term. Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC'). 
     
    The facts known to the Defendant: 
    1. 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 appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver. 

    2. On <date>, the Defendant parked the vehicle <car reg> at <location> Leisure Centre car park in order to use the facility. At that time, the Defendant was an active member and regularly visited the facility. On <that day>, the Defendant entered the facility as usual. After returning to the vehicle and noticing a PCN, the Defendant assumed that he must have forgotten to enter the car registration plate number on the tablet at the <location> Leisure Centre reception. The Defendant responded to the PCN, stating that he was an active member, had forgotten to enter a registration number, and would not pay the fine. As evidence for that claim, the Defendant included two photos of his membership card (front and back), with the membership card number clearly visible. However, the Claimant responded, saying that the breach of contract occurred as the vehicle was not registered to park, and they refused to cancel the ticket. However, the Claimant failed to provide any evidence in that matter. The only piece of evidence shows several photos of the site, including a tablet in the reception, but there is no way of telling if the car was registered or not, as the tablet displayed “Please enter your Vehicle Registration Number below.” The Defendant believes that the fine is not reasonable, as he was an active member of <location> Leisure Centre and had the right to park a car in that location. In the Particulars of Claim, the Claimant stated that damages occurred. However, the Claimant also failed to provide any evidence of damages caused by the Defendant. The Defendant believes that the £100 fine (now £314.08) is not a reasonable punishment for forgetting to enter a registration plate number, especially when the Defendant was, in fact, an active member of <location> Leisure Centre. The Defendant believes that the parking fine and the claim that damages occurred are forms of a money extortion procedure. The Defendant received a number of letters over the course of four years with the Defendant’s name spelled incorrectly. The Defendant's first name was entered twice instead of the usual first name and surname. This error is also present in the case file under the Defendant section. The Defendant believes that the Claimant attempted to scam the Defendant for money, as name spelling is an obvious mistake made by the Claimant. 

    3. The Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge, as well as proving a term was breached, there must be a strong 'legitimate interest' extending beyond mere compensation for loss. 
     
    4. The Defendant denies that points above have been met. The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67. 

    ***********************

    Also, another question: Do I need to attach the photo of that tablet I've mentioned (or attach any photo for that matter). Also, do I need to prove that I was a member of the leisure centre? I've called them up and they won't help me with that however, I can get a bank statement showing that I was a paying member.

    Thank you.
    Any criticism is appreciated.

  • Coupon-mad
    Coupon-mad Posts: 131,314 Forumite
    Name Dropper First Post Photogenic First Anniversary
    I have edited the number 3 as in the template there was section about not visible signs and lines (signs and lines were there and the parking warden took photos of them as well).
    There are ALWAYS signs!  Eek! 

    Don't edit anything about signs out of the Template.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • I have edited the number 3 as in the template there was section about not visible signs and lines (signs and lines were there and the parking warden took photos of them as well).
    There are ALWAYS signs!  Eek! 

    Don't edit anything about signs out of the Template.
    Fixed!

    Do you think the letter is ready to be submitted?
  • KeithP
    KeithP Posts: 37,542 Forumite
    Name Dropper First Post First Anniversary
    "After returning to the vehicle and noticing a PCN, the Defendant assumed that he must have forgotten to enter the car registration plate number on the tablet at the <location> Leisure Centre reception."
    Perhaps that sentence could be better written using the words...
    "...the Defendant cannot explain why the tablet in reception failed to properly record the car registration plate number".

    Similarly, consider changing the next sentence to get rid of the word 'forgotten'.

    No evidence gets filed with a Defence, so keep all photos, bank statements, etc. for later - at Witness Statement time.
  • tangiro23
    tangiro23 Posts: 13 Forumite
    First Post Name Dropper
    edited 8 December 2023 at 5:48PM
    KeithP said:
    "After returning to the vehicle and noticing a PCN, the Defendant assumed that he must have forgotten to enter the car registration plate number on the tablet at the <location> Leisure Centre reception."
    Perhaps that sentence could be better written using the words...
    "...the Defendant cannot explain why the tablet in reception failed to properly record the car registration plate number".

    Similarly, consider changing the next sentence to get rid of the word 'forgotten'.
    How about this?:

    After returning to the vehicle and noticing a PCN, the Defendant could not explain why the tablet in reception of <location> failed to properly record the car registration plate number. The Defendant responded to the PCN, stating that he was an active member, and would not pay the fine.


  • KeithP
    KeithP Posts: 37,542 Forumite
    Name Dropper First Post First Anniversary
    tangiro23 said:
    The reason I'm thinking about mentioning the word forgotten is because that's what I said in the email to parking company years ago. 
    But you don't have to repeat it here.
    I would suggest that there is no need to put that in a Defence.
    But it's your Defence...
  • KeithP said:
    tangiro23 said:
    The reason I'm thinking about mentioning the word forgotten is because that's what I said in the email to parking company years ago. 
    But you don't have to repeat it here.
    I would suggest that there is no need to put that in a Defence.
    But it's your Defence...
    I understand. I made an adjustment and I will send it in the email on Monday during their working hours
  • Coupon-mad
    Coupon-mad Posts: 131,314 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Was there a windscreen PCN then? Quite rare.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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