Defence Template Feedback

nhussa22

KeithP said:

nhussa22 said:

I have today sent via email to the CCBCAQ the N180 DQ form and received an acknowledgment after 10 minutes. I have then emailed the N180 DQ form to the Claimant using the email address from their website.

It always puzzles me when people say they sent emails to multiple addressees in this way.

Not that it matters too much, but it is now easy for one addressee to claim not to have received it.

If however you had sent the one email to two addressees, then the likelihood of one receiving it and the other not, is really quite slim.

Fair point, and I didn't think of that but your suggestion is definitely the way to go.

nhussa22

Coupon-mad said:

nhussa22 said:

UPDATE: I received a letter through the post dated 19th January from the Claimant (not their legal representative) stating that Elms Legal (their legal representative) was no longer acting on their behalf. They also offered me to settle for £195 if paid within 14 days of the letter (how cheeky!) There was also a N434 Notice of change of legal representative form attached, stating that Elms Legal had ceased to act for them and the Claimant was now acting in person.

As expected.

You'll have seen that on every VCS and Excel thread.  Which one is after you?

VCS is after me, but they don't know who they're dealing with (famous last words?)

nhussa22

UPDATE:

Apologies. I haven't given updates as timely as I'd have liked. 

On the 9th Feb 2024, I received a "Notice of Transfer of Proceedings" which basically says the claim has been transferred to my preferred court.

On 22nd March, I received a "Notice of Allocation to the Small Claims Track" letter. This states that my case is suitable for mediation and gives me the option to contact the mediation service. The letter also states the Claim is allocated to the Small Claims Track and that my hearing is scheduled for mid June. It then goes on to list several Directions that apply to the Claim (I'm guessing these are standard but if you want to share these, please ask).

It states that the claimant has until 15th May to pay the trial fee of £27 otherwise the case will be struck out.

Any comments/advice from here on, please do let me know.

EDIT: Forgot to mention, on the 28th March, the claimant sent me a letter stating that they would accept a "reduced settlement charge" of £200 if paid within 14 days and if not, they will seek further costs of £220 for instructing a local solicitor to attend the hearing. I have ignored this.

Not_A_Hope

EDIT: Forgot to mention, on the 28th March, the claimant sent me a letter stating that they would accept a "reduced settlement charge" of £200 if paid within 14 days and if not, they will seek further costs of £220 for instructing a local solicitor to attend the hearing. I have ignored this.

They are just trying to frighten you into paying. The most they can claim for a legal rep in the small claims court is £50

nhussa22

UPDATE:

Today, I received correspondence dated 9th May from VCS which is their witness statement and evidence that they wish to rely on for the hearing.

They have attached the sign that was at the entrance of the car park.

They are saying that the following was a term of the Contract:

"Vehicle must be parked fully and only within the lines of a single marked bay."

This is the entrance of the car park and they have provided the picture.



They have then proceeded to state that my defence is a generic one sourced from the internet and notably, para 17 of my defence criticises several Circuit Judges for their alleged inexperience in dealing with parking claims, which is an unproductive approach.

They have then summarised my arguments in my Defence and have addressed it as follows:




Any advice on what to do now would be much appreciated.

Not_A_Hope

Have you written your witness statement yet? It must be due if they have sent theirs. What does your Notice of Allocation state?

Do you recognise the location from the photograph they have provided? Does their NTK comply with POFA?

Coupon-mad

I am concerned you haven't mentioned doing your own WS bundle in time (see NEWBIES thread).

nhussa22

Thanks for the replies. My hearing date is on 11th June and the Directions state that I should submit my WS etc no later than 14 days before the hearing, which is 28th May?

How do I know if the NTK complies with POFA?

Yes, I recognise the car park and I think it was when I (or my partner) took our child to a sports class. I can't recall if it was me driving that day or not, as I share the car with my partner and she used to take my child too sometimes. I also don't remember if I (or my partner) dropped my child off that day or stayed with them for the full class. 

They have attached copies of a NTK dated 16/6/23, a final reminder on 18/7/23, a final demand for payment on 4/8/23, a final demand on 21/8/23, and then a letter before claim on 4/9/23. I can't recall receiving anything before the letter before claim. I live in a flat and there have been instances where I may not receive a letter, but it's rare and I wouldn't expect not to receive 4 letters from the same company in close proximity.

They have attached many photos of my car with the timings on the bottom of each photo. The first photo starts at 17:26:12 and the final photo shows 17:28:08. The final photo shows the PCN in my windscreen but again, I (or my partner) don't recall ever seeing that when I (or my partner) returned to our vehicle.

I will proceed to follow the thread and compile my WS etc but if there's anything I should do/note, please do let me know.

Also, I want to make a video recording of entering the car park to show the sign etc but how do I attach this in my evidence for the other party and the court?

Coupon-mad

I think a video is best on a USB stick and posted separately, as it has to be by a durable medium that can't be changed.

"The first photo starts at 17:26:12 and the final photo shows 17:28:08."

Two minutes! 

Make sure you include a link to the Code of Practice that PPC has to follow, and talk about ticketing within 2 minutes being in breach of the consideration and grace periods rules.

Because you were quite probably not driving, search the forum for:

witness statement VCS Edward Excel Smith

Search for NEWEST and copy/adapt one.

My NTK pictures thread shows you if your NTK is POFA worded or not.  Look in my profile for my threads.

It is also linked where I talk about POFA and keeper liability 'digging deeper' in the first post of the NEWBIES thread.

Nellymoser

Like you so many people don't receive 1st/2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcn/court claim letters were sent though offer no evidence to prove this. A letter's issue date is not it's sending date nor does it prove the letter was sent.

Since PPCs CHOOSE NOT to provide evidence of their posting date and delivery we must continue to press gov to ensure they do. Please sign/share these petitions.

Require communications from Private Parking companies to be traceable/trackable. https://petition.parliament.uk/petitions/652355

Immediately Reintroduce Private Parking Code of Practice.
https://petition.parliament.uk/petitions/660922

Thanks. Hope to read 'claim discontinued' soon.
Did you check correct address is on your V5C?