Claim Form received at non-residential address for parking ticket from 2019

Coupon-mad

So you just use the Template Defence.

Has that order come from the CNBC in Northampton?

Have you got a copy of the original POC?

an1bc

Coupon-mad said:

So you just use the Template Defence.

Has that order come from the CNBC in Northampton?

Have you got a copy of the original POC?

Thank you, will look at the template.

Yes, the Sealed order was from CNBC in Northampton.

Unfortunately I don't have the original POC  

I am also tempted to ring the Claimant's solicitors & see what their 'offer' is to close the case.

Coupon-mad

No you are not going to do that.

You will phone the CNBC and ask for a copy of the Particulars of Claim.

an1bc

Coupon-mad said:

No you are not going to do that.

You will phone the CNBC and ask for a copy of the Particulars of Claim.

I was just looking through the copy of the initial claim from sent for reference by the Claimant's solicitor (which was sent to the wrong address).

There is a section within the claim form which is titled 'Particulars of Claim'. This includes the details of Parking Charges, vehicle, PCN issue date, details of claims (costs), etc...

 Is this the POC you are referring to?

LDast

an1bc said:
 Is this the POC you are referring to?

Yes         

an1bc

Coupon-mad said:

So you just use the Template Defence.

Has that order come from the CNBC in Northampton?

Have you got a copy of the original POC?

LDast said:

an1bc said:
 Is this the POC you are referring to?

Yes         

Apologies for my ignorance but who do I actually submit the defence to? CNBC or Claimaint?

As the CCJ is set-aside & new claim form won't be used, do I use the initial claim number for the defence?

Coupon-mad

Please show us the POC first.

Email the defence (once it is done and checked here - but ONLY show us your added paragraph 3) to both the CNBC and the solicitor.

an1bc

Coupon-mad said:

Please show us the POC first.

Email the defence (once it is done and checked here - but ONLY show us your added paragraph 3) to both the CNBC and the solicitor.

Thank you. POC below, with sensitive information XXXed:

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charges) issued to vehicle XXXXXX at XXXX.
2. The PCN(s) were issued on XX/XX/2019
3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Parked In A Disabled Person'S Space Without Clearly Displaying Na Valid Disabled Person'S Badge.
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £160 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.02 until judgment or sooner payment.
3. Costs and court fees

Further information regarding the parking / time. I believe this is relating to a gym car park, at a retail park, where bays are often not clearly marked / faded, with inadequate lighting. The time of parking is around 5-6 AM, at which time all retails (apart from the gym) remain shut for business.

Coupon-mad

OK, so those facts are your paragraph 3.

an1bc

Coupon-mad said:

OK, so those facts are your paragraph 3.

Thank you. Do you mind reviewing my wording please?

Would appreciate any feedback.

I have changed only paragraph 2 & 3 (changes in Bold).

DEFENCE

 

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 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 being a paying member, was visiting the Gym Group early morning (approximately 5-6AM) – which provides free parking for its branch members, located in the address stated in the POC. It is worth noting that the car park did not have any lightings to make the parking bays / signage visible to users. Furthermore, the parking bays / disabled marking is often faded and unclear (please see attached image). Considering the lack of artificial lighting and poorly maintained parking spaces, the parking bays could not be clearly distinguished, especially during the darker hours of the day / early morning.

In addition, as the time of parking was outside the usual business hours - other retail businesses located on site, sharing the car park with the Gym group remained closed. Therefore, there wasn’t any impact to other businesses as a result of the Defendant's parking.