Fake photos supplied with PCN

Trainerman

mollygog777 said:

I’ve been reading the BPA guide private management on private land. It states signs must be at beginning of site. The entrance to the road has No signs either end, the first sign is at least 100 metres plus past the entrance. And there’s only 2 signs which are  not very noticeable. I think the contract on the sign is Must be in designated bay with a permit, so if there are No bays, and the company after numerous attempts, won’t supply a permit, do you think this would be enough defence on its own? 

Do you have written evidence of having asked for a permit multiple times, and having been refused?

mollygog777

At least 9 emails over a year to Spring Parking, Was told the land owner would get in touch, but he never did. I asked them for the owners details to go direct, they said No. Then the last time I asked, was told perhaps there’s No spaces or permits left. There is No designated spaces, and none of the cars that park there (at least 20) have a permit

Coupon-mad

All good. That evidence will help later.

Now go back over every reply you've had and incorporate them into a couple of facts paragraphs and show us.

mollygog777

Is this ok, really haven’t got a clue what to do! 

I the defendant feel the contract per the sign, was impossible to perform, as there are No parking bays, and it was impossible to obtain a permit after numerous attempts to acquire one.
The claim form is defective (CPR PD 162.1) A PO Box is not the valid registered company address, nor is it, (or can it be) the solicitors address. Smith v Marston holdings LTD
I deny ever receiving a PCN for the pleaded facts and matters, so there is no debt for the PPC to claim nor charges to uplift, much less court fees. 

There were No signs at the entrance to the road, and it wasn't obvious it was private land.
There were only 2 signs, and it is possible to drive where I parked without seeing one
I also dispute photos that were supplied, which had No date/ time stamp, and are not from the area in question. 

mollygog777

Just for interest, after I complained about the ticket to Spring Parking about there being NO bays, as stated on the sign. They replaced one sign which now says permit only leaving off the designated bays! 

Coupon-mad

3.  The alleged contract (a hidden sign, one of just two stating that vehicles 'must' be parked in marked bays and display a permit) was impossible to perform, as there are no parking bays, and it was impossible to obtain a permit after numerous attempts by the Defendant to acquire one.

4.  The validity of the parking charge was disputed and the Defendant further disputes the photos that were supplied during the 'appeal service' farce, which had no date or time stamp, and some images were not from the area in question. 

5.  Further and in the alternative, the claim form is defective, per CPR PD 16, 2.1: "The claim form must include an address (including the postcode) at which the claimant lives or carries on business, even if the claimant’s address for service is the business address of their solicitor."  A PO Box is not a valid registered company address, held HHJ Paul Matthews in Smith v Marston Holdings Ltd & Anor [2020] EW Misc 23 (CC).

5.1.  This Claimant must comply with the CPRs: they are legally represented and would be the first to accuse the Defendant of any slip in terms of compliance with court rules.  The Defendant believes that this, plus the fact that the interest has been improperly calculated on the entire claim - including the imaginary 'damages' - from the day of parking, as if the PCN was £165 that day (when in fact it was £55) should be more than sufficient abuse of process for the Claim to be struck out at allocation stage.

Try the above instead. Renumber the template defence without losing any of it.

mollygog777

Thank you! Do I copy and paste the 12 steps, obviously adding the above in the appropriate place? 

Coupon-mad

The 12 steps?  That's clearly not the defence.

mollygog777

Do I just send this, adding my defence, sorry not really understanding what to do

Defendant named on claim (can’t be changed to driver now)                        

 (Defendant)

_________________

DEFENCE

1.  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:

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 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.

^EDIT THIS PARAGRAPH If you weredriving, add 'and driver' after the word 'keeper'.

OR if the Defendant doesn't know who was driving, say that.

OR deny being the driver if you weren't: ONLY IF TRUE!

3. [EXPLAIN IN YOUR OWN WORDS...NB: defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me']. 

Say why the car was there - if you know - but don't answer to details that are not stated in the PARTICULARS OF CLAIM. If you didn't get any letters or it was years ago & you can't recall if you were driving, say that.  ONLY IF TRUE

Coupon-mad

Well that's a small part of it, yes.