Permit at work VCS DCB Legal court claim

Kitkat8

Yes. I also thought that was very strange! 

Kitkat8

Okay so the Claim Form finally came. I have already begun drafting my defence with the template. It is hard to find specific examples of permits at a workplace honestly so I wanted to share with you what I have so far. Any advice would be greatly appreciated:

Added to paragraph #2 last sentence - However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper but the claimant cannot confirm who was the driver.

3. The Defendant’s vehicle was used to park in a place of work for one of the vehicles registered drivers. The Defendant’s vehicle has a permit belonging to the vehicle which allows the vehicle to park on site at (Workplace). This permit has already been paid for by the company that one of the registered drivers is currently employed by. This allows the vehicle to be onsite.

4. The Defendant, at all material times, parked in accordance with the terms granted by the lease. The erection of the Claimant's signage, and the purported contractual terms conveyed therein, are incapable of binding the Defendant in any way, and their existence does not constitute a legally valid variation of the terms of the lease. Accordingly, the Defendant denies having breached any contractual terms whether express, implied, or by conduct.

5. The Defendant's vehicle clearly was 'authorised' as per the lease and the Defendant relies on primacy of contract and avers that the Claimant's conduct in aggressive ticketing is in fact a matter of tortious interference, being a private nuisance to employees.

6. In this case the Claimant has taken over the location and runs a business as if the site were a public car park, offering terms with £100 penalty on the same basis to employees, as is on offer to the general public and trespassers. This interferes with the terms of leases and agreements of the company, none of which is this parking firm a party to, and neither have they bothered to check for any rights or easements that their regime will interfere with (the Claimant is put to strict proof). This causes a substantial and unreasonable interference with the Defendant's vehicle’s use of that land/property.

7. According to the International Parking Community which the Claimant is a member of they discuss permits in their terms and conditions. In particular, point 7.3.1 of their code of practice states that If a Motorist receives a notice affixed to the Windscreen and they think it has been incorrectly issued they should: 7.3.1 Obtain evidence – keep the pay and display ticket or the parking permit and compile photographic evidence which supports their case. During the appeal process photographic evidence of the permit was sent to the Claimant and so the case should have been dropped once proof of a permit being owned for the vehicle was provided.

The rest of the template is of course what has been provided it he newbies thread. Any advice greatly appreciated. 

KeithP

Kitkat8 said:

Okay so the Claim Form finally came.

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Kitkat8

Hi Keith. Claim form is 26th so waiting to do MCOL so i dont eat into my days as advised on the Newbie thread.

KeithP

Kitkat8 said:

Hi Keith. Claim form is 26th so waiting to do MCOL so i dont eat into my days as advised on the Newbie thread.

As we are now well past 4pm on a Friday, no point in any further delay.

With a Claim Issue Date of 26th June, you have until Monday 15th July to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 29th July 2024 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Kitkat8

Hi Keith,

Ive posted the parts of my defence...thats what i was asking for some advice on...? Ive now done the MCOL

LDast

Please show us the claim form with only personal details, claim number and MCOL password redacted. There could be ammunition for you in the PoC, the dates of the PCN and the sums of the claim and interest calculated.

Kitkat8

Uploaded with redacted information  as requested  

(Removed by Forum Team)

LDast

I'm not sure other regulars on here would agree but due to the lack clarity and detail in the PoC I'd now use the Civil Procedure Rules (CPR) to request further information and copies of any evidence from the claimant. Specifically, CPR 18 deals with further information.

Write to DCB Legal requesting this information and evidence under CPR 18.  You require further information in the form of documents or evidence detailing how the interest was calculated (dates) and how the interest figure claimed in the PoC was finally reached.  CPR 31.4 defines that "document" means anything in which information of any description is recorded and "copy", in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.

REQUEST FOR DOCUMENTS UNDER CPR 18

I am writing to request further information and clarification due to lack of detail regarding your claim, pursuant to CPR 18. Specifically, I require the following information:

1. A detailed breakdown and explanation of the calculation for the interest claimed, including the start date and end date for the interest period, the rate applied, the method of calculation and evidence of such.
2. Detailed information regarding the £70 "damages" added to the principal sum mentioned in the claim form, including a breakdown of what these "damages" consist of, the basis on which they were calculated, and any supporting documentation.

Please provide these documents and evidence within 7 days of receipt of this letter. Failure to respond or refusal to provide the requested information will result in an application to the court for an order compelling you to do so and liability for any costs of such an application.

Coupon-mad

Kitkat8 said:

Okay so the Claim Form finally came. I have already begun drafting my defence with the template. It is hard to find specific examples of permits at a workplace honestly so I wanted to share with you what I have so far. Any advice would be greatly appreciated:

Added to paragraph #2 last sentence - However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper but the claimant cannot confirm who was the driver.

3. The Defendant’s vehicle was used to park in a place of work for one of the vehicles registered drivers. The Defendant’s vehicle has a permit belonging to the vehicle which allows the vehicle to park on site at (Workplace). This permit has already been paid for by the company that one of the registered drivers is currently employed by. This allows the vehicle to be onsite.

4. The Defendant, at all material times, parked in accordance with the terms granted by the lease. The erection of the Claimant's signage, and the purported contractual terms conveyed therein, are incapable of binding the Defendant in any way, and their existence does not constitute a legally valid variation of the terms of the lease. Accordingly, the Defendant denies having breached any contractual terms whether express, implied, or by conduct.

5. The Defendant's vehicle clearly was 'authorised' as per the lease and the Defendant relies on primacy of contract and avers that the Claimant's conduct in aggressive ticketing is in fact a matter of tortious interference, being a private nuisance to employees.

6. In this case the Claimant has taken over the location and runs a business as if the site were a public car park, offering terms with £100 penalty on the same basis to employees, as is on offer to the general public and trespassers. This interferes with the terms of leases and agreements of the company, none of which is this parking firm a party to, and neither have they bothered to check for any rights or easements that their regime will interfere with (the Claimant is put to strict proof). This causes a substantial and unreasonable interference with the Defendant's vehicle’s use of that land/property.

7. According to the International Parking Community which the Claimant is a member of they discuss permits in their terms and conditions. In particular, point 7.3.1 of their code of practice states that If a Motorist receives a notice affixed to the Windscreen and they think it has been incorrectly issued they should: 7.3.1 Obtain evidence – keep the pay and display ticket or the parking permit and compile photographic evidence which supports their case. During the appeal process photographic evidence of the permit was sent to the Claimant and so the case should have been dropped once proof of a permit being owned for the vehicle was provided.

The rest of the template is of course what has been provided it he newbies thread. Any advice greatly appreciated. 

Very good!

You can try @LDast's new tactic first if you wish.