Car park - claim form advice

lam2222

Ah thanks very much. I've used @Defendant911 as a guide as that seems most appropriate.

https://drive.google.com/file/d/1ihK1Q2Fs7J_djokfBNkW-YkIvvaXfo6V/view?usp=drive_link

I'll proof read it several more times before sending off but any comments welcome!

Thanks

Bazarius

Can we see the sign .  The claimant’s cause of action pleaded in its PoC  is “driver agreed to pay within 28 days but did not “ 

majority of UKPC’s signs do not convey such a thing . Only “£60 if paid within 14 days” 

it may be something to add in your  preliminary matters . But needs to check first .

lam2222

Bazarius said:

Can we see the sign .  The claimant’s cause of action pleaded in its PoC  is “driver agreed to pay within 28 days but did not “ 

majority of UKPC’s signs do not convey such a thing . Only “£60 if paid within 14 days” 

it may be something to add in your  preliminary matters . But needs to check first .

Hi

You're right, I can't see any mention of a 28 days on the UKPC notice. Worth putting in do you think?

 

Coupon-mad

lam2222 said:

Ah thanks very much. I've used @Defendant911 as a guide as that seems most appropriate.

https://drive.google.com/file/d/1ihK1Q2Fs7J_djokfBNkW-YkIvvaXfo6V/view?usp=drive_link

I'll proof read it several more times before sending off but any comments welcome!

Isn't half if it already in your defence? Exaggerated Claim onwards?  If yes, delete the entire repeated paragraphs.

Para 3 "and the first is about this same Claimant" isn't true.

Every paragraph must have a number. Most of yours don't.

Bazarius

lam2222 said:

Bazarius said:

Can we see the sign .  The claimant’s cause of action pleaded in its PoC  is “driver agreed to pay within 28 days but did not “ 

majority of UKPC’s signs do not convey such a thing . Only “£60 if paid within 14 days” 

it may be something to add in your  preliminary matters . But needs to check first .

Hi

You're right, I can't see any mention of a 28 days on the UKPC notice. Worth putting in do you think?

 

Perhaps with Coupon-mad’s permission to use the below wording   - it probably needs to be amended to suit your own case 

The Claimant is a serial litigant whose business model is to file large numbers of spurious claims and pressure defendants into paying up by sending letters threatening increasing costs it is not entitled to ,  while entirely failing to provide any reasonable particulars or complying with the Civil Procedure Rules.

Upon review of  the Claimant’s sign that it intends to form a contract with motorists.  It confirms that I did not contractually  agree to pay £100 within 28 days as alleged in the Claimant’s PoC.  The sign does not convey such a deadline for payment terms that any motorist can agree to . 

The Claimant had  arbitrarily added a new 28 day payment term upon issuance of the parking charge notice date xx/xx/xxxx .  The contract had already been offered,  the act of parking and remaining on the site  is the acceptance of the contract  by performance - the contract had already commenced at this point of time. .  The new  28 days payment terms given in the PCN  came too late and therefore any assertions that I agreed to pay within 28 days is unfounded. 

I rely on the leading contract law case between Thornton v Shoe Lane Parking [1970] EWCA Civ 2- which provides a good example of the rule that a clause cannot be incorporated after a contract has been concluded , without reasonable notice before.  A copy of the Judgment transcript can be viewed at the link below  which the Court is invited to find persuasive and of relevance to the instant case. 

http://www2.bailii.org/ew/cases/EWCA/Civ/1970/2.html

Bazarius

I don’t think the PoC ever show the bay number .

“Additionally whilst the PoCs say does show the bay number”, 

lam2222

Bazarius said:

I don’t think the PoC ever show the bay number .

“Additionally whilst the PoCs say does show the bay number”, 

Ah I meant to say the UKPC notice to keeper document that kicked all this off

lam2222

Just a note that I just received from UKPC an offer to settle, i.e. me paying a reduced amount due to 'Claimant wishes to resolve this matter amicably prior to paying the hearing fee'. I assume that's a standard thing they do as the hearing date approaches? 

Looks like they are using QDR solicitors.

Gr1pr

Read the 12 steps in the defence template thread, checking the middle section 

Coupon-mad

I'd say this OP is past the first 12 steps as they are past WS stage.

Hearing must be soon.  Or discontinuance!