Terms reached: Parked & left site.

Pfazer69

Coupon-mad said:

No. Use the template defence.

Apologies. I understand, you mean the word for word generic template response in the NEWBIES 2nd thread... I'll have another go, I'll get there in the end 😂🤞

Pfazer69

Hello @Coupon-mad is this effort more expectable? I have used the generic template and added a brief paragraph relating to the "Parked and left site" issue (indented, in italic). If this is OK, I must then send it to ClaimResponses.CNBC@justice.gov.uk As mentioned before. I have already applied for the 30-day extension and received an email receipt is it still necessary to mention this in this email? I guess it won't harm. Would I add any photos of the signage and the date stamped images I was sent, or will they already have these?
Should I request video evidence from them that I left the site & are they in error by not sending me this in the 1st instance?
If I have missed anything or if you or others have any other advise will be greatly appreciated 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Claim No- ######

Proposed Legal Proceedings
Claimant: RIP OFF Legal Ltd (representing ####)

The defendant is in receipt of the particulars of the court claim for a parking contravention alleging to have taken place on the **th of Month 2024 at NAME OF PARKING SITE (Address location of parking site ###########).

Referring to the Particulars of Claim (POC): #######

I refer to your letter of claim. I confirm that my address for service for the time being - assuming you don't delay any claim - is as follows, any older address must be erased from your records:
my address ########

The alleged debt is disputed, and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

 Whilst the Defendant is the registered keeper of the vehicle, he has no genuine recollection of the purported offence alleged to have taken place some 14 months ago on the day in question. Furthermore, the terms of a breach on the claimant’s signage: “Parked & Left Site” are neither clearly or predominantly in view and as such the Defendant was oblivious of such parking boundary restrictions being in place, merely a set time limit of 180 minutes stay.

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual long winded response about that.
I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you team dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages or will it be pleaded as consideration for parking?

The facts in this defence come from the Defendant's own knowledge and honest belief.  

 Yours faithfully – 

Coupon-mad

But don't you have a claim form? You don't write a letter if you've got a Claim Form to defend!

Pfazer69

Coupon-mad said:

But don't you have a claim form? You don't write a letter if you've got a Claim Form to defend!

Yes I have a claim form: Civil National Business Centre.

Pfazer69

Sorry... What do I do. I've registered the Gov Gateway and they have issued a a user ID number.

Nasqueron

Just to be a pedant - PAID not "payed", no idea why an obscure nautical term which is longer to write and arguably harder to spell as it's not commonly used has started creeping into our parlance - paid is like aid

Pfazer69

I'm lost now. Don't need to send the letter. What do I do next?

Coupon-mad

You do as explained in the second post of the NEWBIES thread. Please read it fully.

Pfazer69

I've read the thread and have already submitted the MCOL. It looks like I should compose a template defence and edit to suit at #3.
Am I an the right lines @Coupon-mad?

Pfazer69

Coupon-mad said:

You do as explained in the second post of the NEWBIES thread. Please read it fully.

@Coupon-mad - thanks for your patience.
Here is my Defence submission taken from the TEMPLATE DEFENCE - snippet of no-3 (in bold italic):
Let me know if this is satisfactory or whether there is anything else I could mention to strengthen my case.
Should I also attach images of the signage I took and the date stamped images from the initial parking charge notice which show nothing and refer to these. ________________________________________________________________________________________

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.

3. With reference to POC #1. is denied. The Defendant is not indebted to the Claimant. POC #2 is denied. The Defendant does not accept that a contravention occurred on 09/03/2024, as alleged. POC #3 & #4 are denied. Whilst the Defendant is the registered keeper of the vehicle, he has no genuine recollection of the purported offence alleged to have taken place some 14 months ago on the day in question. Furthermore, the terms of a breach on the claimant’s signage: “Parked & Left Site” are neither clearly or predominantly in view and as such the Defendant was oblivious of such parking boundary restrictions being in place.

4 etc blar blar-----