IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

HELP re: decision to appeal full or partial EURO Car parks fine Claim Form

13

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,199 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Castle said:
      
    I agree with the above.

    See what @Johnersh or @troublemaker22 think (they are solicitor posters) but I find it odd (and worthy of challenge in the defence) that paragraph 6 argues that both the PCN and the added costs are due to 'loss' which is not how Beavis was argued.
    Paragraph 8 specifically refers to "The Claimant's claim is for damages".
    We have two like this now. Possibly three?

    The OPs should discuss their cases by pm and do similar defences using the Template Defence.
    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
  • Bellatrix42
    Bellatrix42 Posts: 16 Forumite
    First Post Name Dropper
    edited 24 January at 11:55AM
    Many thanks for you feedback- Im feeling a little lost with some of the legal jargon if Im honest and not really sure where to go now.
    Presumably I need to remove all the Chan case information out of my defence statement and focus on my personal circumstances. Not sure how much detail i should go into in the defence vs witness statement (when the time comes). Ive messaged the other OP for their similar POC to discuss privately vi DM but no reply as yet.
    I confused by the reference in the POC to claiming for DAMAGES and LOSS on separate points....do I pick up on this?
    @Coupon-mad @Johnersh rsh @Castle @Not_A_Hope @troublemaker22
  • Coupon-mad
    Coupon-mad Posts: 131,199 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Johnersh just posted useful stuff in the other matching thread.  You can include what he says in your defence.

    Removing Chan is easy!  You just bin it all and instead, use the Template Defence as is!
    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
  • Bellatrix42
    Bellatrix42 Posts: 16 Forumite
    First Post Name Dropper
    hi all,

    Here is my draft defence (have only copied the first few paragraphs- after para 6 the rest are just copy and paste from the template). Do you have any feedback before I submit?
    TQ so much  :)

    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 and schedule 1 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. Re: Contract - CPR PD16 7.3(1) when serving a separate PoC the full written terms of the contract are required to be appended. There is an exemption for MCOL claims, but that is expressly DISAPPLIED in CPR 7C when the PoC are served separately. The defendant has not received full terms of contract with the subsequent PoC. 

    4. Re: Interest- statutory interest is discretionary and the PoC do not set out full details of the calculation as required by CPR 16.4(2). 

    5. The claimant appears to contradict themselves in regard to whether the claim is for loss or damage. 

    6. The Defendant remembers parking in a Euro managed car park a few years back to complete some shopping in a nearby Poundstretcher. The defendant purchased a ticket which was displayed on their car windscreen. The defendant is unable to recall the exact amount but believes it was 50p for 30-60 minutes. Whilst completing their shopping, the defendant recalls helping an elderly lady who became unwell in the shop. She provided immediate medical attention to the lady and waited for further medical assistance and the lady's carer to arrive before leaving the shop. The Defendant paid for their items, returned to her vehicle and exited the car park. The defendant has not parked in this car park again. The defendant to her knowledge has not parked in any other euro car park, including other locations since.  

  • Coupon-mad
    Coupon-mad Posts: 131,199 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 27 January at 12:20AM
    I'd add here:

    "The Defendant is unable, on the basis of the POC (including the supposed full POC served separately) to understand with certainty... "

    Put 'Re: Contract' and also 'Re: Interest' as two subheadings, instead of within those paragraphs.  It'll read better.

    And maybe change 'Re: Contract' to 'Re: Defective POC: no contract'

    Remove this as it may come back to bite you:

    "The defendant is unable to recall the exact amount but believes it was 50p for 30-60 minutes."
    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
  • Bellatrix42
    Bellatrix42 Posts: 16 Forumite
    First Post Name Dropper
    Thanks all- I have just submitted. I will keep you posted and thankyou all for your help. 
  • Coupon-mad
    Coupon-mad Posts: 131,199 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Thanks all- I have just submitted. I will keep you posted and thankyou all for your help. 
    Does the schedule attached show the right date of parking, or an Americanised (wrong) date?
    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
  • Bellatrix42
    Bellatrix42 Posts: 16 Forumite
    First Post Name Dropper
    Hi All,
    so I received this in the post on Saturday. I take it this is now progressing into court hearing (or could they still drop it)? I presume I complete the N180 form…..do we have a FAQ for how to complete this? 
    TQ 
  • KeithP
    KeithP Posts: 37,508 Forumite
    Name Dropper First Post First Anniversary
    Hi All,
    so I received this in the post on Saturday. I take it this is now progressing into court hearing (or could they still drop it)? I presume I complete the N180 form…..do we have a FAQ for how to complete this? 
    TQ 
    Received what in the post on Saturday?
    Who has sent you this Directions Questionnaire? The CNBC or the Claimant?
    What does that checklist your were once following have to say about this?
  • Bellatrix42
    Bellatrix42 Posts: 16 Forumite
    First Post Name Dropper
    Here it is…..sorry didn’t upload! 
Meet your Ambassadors

Categories

  • All Categories
  • 343K Banking & Borrowing
  • 250K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235K Work, Benefits & Business
  • 607.7K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards