DCB Legal/Spring Parking Claim Form

troublemaker22

Obviously I didn’t make myself clear; or you have carefully studied the PCN and concluded that it complies with all the statutory requirements for keeper liability; or the driver has already been identified in pre litigation communications. If none of the above applies, why have you amended 3 to remove any admission of driving but not made the corresponding changes in 4?

TreeParker

troublemaker22 said:

Obviously I didn’t make myself clear; or you have carefully studied the PCN and concluded that it complies with all the statutory requirements for keeper liability; or the driver has already been identified in pre litigation communications. If none of the above applies, why have you amended 3 to remove any admission of driving but not made the corresponding changes in 4?

Apologies, I'm not very good at this! I've looked through the initial appeals that I made back in 2019 and I have referred to myself as the driver. I seem to remember at the time the guidance stating that if I was the driver there was no benefit in suggesting otherwise. 

Coupon-mad

OK so admit to driving in this defence.

TreeParker

Coupon-mad said:

OK so admit to driving in this defence.

In paragraph 2 of the template defence I've said that I am the keeper and driver. With that inclusion do I need to change anything from my paragraphs? 

TreeParker

Hi guys, 

I am struggling a little to know if what I have included is correct and whether I've interpreted the guidance as I should, but this is what I've come to with some minor changes to avoid any first person references. Para 2 is from the template and I have included all of the template paragraphs after my 7th para. Does this look ok?

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 and driver. 

3. The Defendant's car was parked at Swithland Woods for a family outing including a new-born baby and breastfeeding mother. The family set off on a walk during which the new-born child required feeding at regular intervals. On the walk back to the car the baby required breastfeeding and became distressed. Putting her welfare first the family stopped so that the child could be breastfed. Once suitably nourished the family returned to the car to find that a PCN had been placed on the windscreen 15 minutes after the ticket’s expiry time. The Equality Act 2010 protects breastfeeding parents from being unfairly disadvantaged and requires that reasonable adjustment be made. Despite explanation via appeal to both DCB legal and Spring Parking LTD they have failed to acknowledge this.

4. The parking area sits within a woodland with no additional lighting and there are no line markings or any indication of formal parking bays. The Defendant had not noticed any signage close to the where the Defendant parked, showing the terms and conditions for use, the Defendant was not aware of any restrictions that applied in the area leading up to the car park due to obscure signage which was impossible to read from where the defendant had parked. The small signage was not suitable to alert a motorist. Any purported contract was neither seen nor agreed by the defendant; thus any breach is denied by the defendant.

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).

6. 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.

7. The Defendant's stance regarding this punitive add-on is now underpinned by Government intervention and regulation.  The Department for Levelling Up, Housing and Communities ('DLUHC') published on 7 February 2022, a statutory Code of Practice which all private parking operators must comply with, found here: https://www.gov.uk/government/publications/private-parking-code-of-practice

Coupon-mad

Clearly paragraph 7 isn't needed because the Template Defence already has that bit.

TreeParker

Coupon-mad said:

Clearly paragraph 7 isn't needed because the Template Defence already has that bit.

Thank you, now removed and paragraphs re-numbered. 33 paragraphs now formatted and ready to send! Thank you for all of your help. Let's see how this one goes! 

TreeParker

@Coupon-mad Just an update for you. I have a court date for 10th Jan! Time to start getting prepared! 

KeithP

TreeParker said:

I have a court date for 10th Jan! Time to start getting prepared! 

What is your deadline for filing and serving your Witness Statement and evidence?

TreeParker

KeithP said:

TreeParker said:

I have a court date for 10th Jan! Time to start getting prepared! 

What is your deadline for filing and serving your Witness Statement and evidence?

Hi Keith, sorry for the delay. 4pm on the 27th December 2024 is the deadline.