Residential parking fine - claim advice

anony-moose

Coupon-mad said:

anony-moose said:

Coupon-mad said:

Which solicitor?

Which PPC?

Show us the POC.

Sounds like you should be using the other defence. I don't understand why people are going to the Template Defence thread, reading the template defence and not using the linked one within it, for cases with no breach pleaded?  Not sure how much clearer I can make it than the link I've put right in paragraph 3 of the defence that everyone must be seeing?

I went to the template defence and am adapting that like it suggested. I didn't see a bit where it mentioned 'no breach', unless I missed it. I saw this and was going to add it in, but not got to that yet. Is this the bit you mean?

Of course that's the link to the right defence for a case where no breach pleaded.

Cool, I did see this and was planning to include it, but still needed to complete 3/5 with my own wording, so was just after some advice for that bit.

anony-moose

I got a letter sent through months back regarding an incident where I parked up at my girlfriend's and forgot to put the permit in the car window. I should have probably sorted this before it got this far, but here we are. It's been going through small claims and I have already done a defence, but now need to write a witness statement. I did this once before, a few years ago, so am using that for reference, but not sure if it's out of date maybe?

The main bits in my defence are as follows:

5. (a) The Defendant regularly uses the car park in question as a visitor and is in a relationship with the occupant of XXXXXX.

(b) All visits were in accordance with parking restrictions and the right for visitors to park on the residential car park, with the Defendant holding and displaying a valid visitor permit in his car windscreen.

(c) The alleged incident occurred in XXXXX and the Defendant cannot be certain of the exact date when he first became aware of the parking charge, however it is believed the Defendant first received a letter in the post in XXXXXX. The Defendant has since been in receipt of a further 4 letters from the Claimant and a ‘local’ debt recovery agent (which suggested to the Defendant they would be calling round like bailiffs), leaving the Defendant feeling harassed/distressed in fear of having unjust legal action taken against them.

(d) The written correspondence with the Defendant had threatened further unexplained charges to the original parking charge figure should payment not be received by arbitrary deadlines, with no evidence of how this extra charge had been calculated and, in an attempt, to pressure the Defendant into making a payment.

(e) Signage at the car park was obscured, unclear and scant. Despite having fully abided by the contract, the Defendant feels, in any instance, that they could not be held liable due to the Claimant not complying with appropriate sign regulations. The Defendant does not accept that a contract could be entered into on this basis.


I have read the newbie thread and am going to include the below (with evidence):


(a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case (see Google images - it's yellow and black)

(b) photos proving the scarce/illegible small print signs & a view showing the lack of entrance signs, etc. and maybe a video of how it looks from a car? Get a passenger to hold a camera or phone to prove the lack of signs in similar light conditions.


The rest of the defence is the standard template from a couple of months back. Can anyone advise what I should be focussing on or if there's a particular issue raised in the standard template that will be most successful? Can someone clarify what to look out for regarding this bit:

(c). If the Claim form did not specify the term breached, include the strike out orders shown here in a link to CEL v Chan and similar case 'strike out' Judgments from all over the English courts:
https://forums.moneysavingexpert.com/discussion/comment/80812842/#Comment_80812842

I've already got photos of the signs and the permit to use as evidence - is there anything else I should include?

The hearing is on 14/10. Is it likely they will attend it or pull out?

As always - thanks in advance - appreciate all the help.

Coupon-mad

It's been going through small claims and I have already done a defence

Please show us:

- the defence

- the Particulars of Claim

Which solicitor and which PPC?

Le_Kirk

Your witness statement backs up and supports,  with evidence,  what you wrote in your defence. It is normally a narrative written in the first person explaining what happened on the day and subsequently. Evidence could include the permit and a copy of the lease/tenancy agreement showing it is silent on the subject of permits.
If this question is to do with any of your other threads, you should have continued on the relevant one; ask one of the forum ambassadors to merge the threads.

anony-moose

@Le_Kirk Apologies - I think my last post was about the defence, so though to create a new one for the witness statement. I will look to get them merged.

@Coupon-mad I've posted the bits above that I added to my defence, but can post the whole document. Do I need to redact it and upload it somewhere? It's quite long. 

Here are the POC:

The driver of the vehicle with registration XXXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at XXXXXXXXX, on XXXXXXX thus incurring the parking charge (the 'PCN'). The PCN was not paid within 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. The claimant claims £100 for the PCN, £60.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of XXXX pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at XXXX per day.

The solicitors are Gladstones and the PPC are District Enforcement Limited.

Thank you both again, appreciate all the help.

Coupon-mad

No that's fine; we assume you used the template defence? If so, don't show us!

For your WS, search the forum for:

two persuasive Chan Akande follows

KeithP

Those Particulars are very vague. They make no mention of what the driver is alleged to have done wrong.
Did you point that out in your Defence?

Without knowing what has happened previously, it's difficult to comment further.

Hit the Report button below your post and ask for your threads to be merged.

anony-moose

@KeithP I think I did point this out in my defence yes. Had the following:

Preliminary matter: The claim should be struck out

2. The Defendant draws to the attention of the allocating Judge that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on appeal).  The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based in the following persuasive authority.

3. A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment (transcript on the following pages) the Court should strike out the claim, using its powers pursuant to CPR 3.4.


And then several images of the Chan judgement.

@Coupon-mad is the search you suggested - two persuasive Chan Akande follows - related to the same argument, that the POCs are unclear? I will do the search now. I think I saw a bit about this on the newbies thread too.

I've also requested that the threads are merged.

anony-moose

I attended the above hearing (over the phone) and was quite surprised that they'd sent a solicitor.

The judge didn't strike it out and asked whether I had the permit in my car window. I said that I thought I did, but the photos provided by the claimant suggest it wasn't there or may have slipped off the dash. The judge then advised that I had a compelling case regarding the lack of signs/misplacement/obscured. The solicitor hadn't apparently received my witness statement, which is why I think they attended. It turns out that I left an 's' out of their email address when I sent it through to them (I think it autocorrected by accident). 

I think it's now listed for a final hearing in December (in person). What are the odds that they will send someone to attend this? Do I need to prepare anything in advance? Can I file anything else? I previously had a costs claim in my witness statement bundle, but removed it this time round as I thought it had been superseded by a standard line about costs, should I submit this or do I just have to wait now?

Coupon-mad

I hope you didn't admit to the typo in the email address in front of them?  You could get clobbered for costs for causing the second hearing if this one was meant to be final.

Show us your actual WS and photos please, so we can see the bad signs.

Was this one described on the hearing order as a 'Dispute Resolution Hearing' and was only listed for 30 minutes?