Urgent help needed!!! Missed DEFENCE deadline!

Ballkicker

Hello everyone,

I have miscalculated significantly and missed my defence deadline to submit court documents regarding a PNC fine. I have already submitted the AOS, but I thought I had 28 days from the day of AOS and took it easy. However, I now realize the 28 days is from the claimant's issue date. I have been on the forum for weeks, reading a lot of threads. I have drafted a defence letter; however, I am not sure whether I should just submit it or write to the court, apologize for the delay, and then submit it. Any help will be greatly appreciated by checking my defence arguments and whether I just have to send the letter or make them aware that it's a late submission (what would be the best reason to use for late submission if any?). Please note, I have checked the MCOL, and there is no judgment made as of today (11/06/24). I have included my defence draft below. Any help would be appreciated.

Facts of the case:

I received letters from ES Parking Enforcement stating that I stopped in a prohibited area and had to pay £70. Initially, I didn't reply it. Later, I received another letter from their solicitor, Gladstones Solicitors Limited, with an increased amount of £170, which I also ignored . They have now taken the case to court, and I have submitted an Acknowledgement of Service of the claim.

I am now preparing to draft my defence and would greatly appreciate some advice. Here are the key points of my case:

1. They didn’t specify a postcode or address where the alleged incident occurred; they just mentioned “Spinningfields Estate.” Does this not make the case weak? Can I argue that if the location of the alleged incident is unknown, then there is no case?

2. I have tried to identify the location via street view and on foot but could not pinpoint it. I wonder if anyone could help identify the location (I am happy to post images if I figure out how to do it).

3. I did not defended the reason I stopped here as I really don't remember and don't recognise the place either, however as a Uber Driver, there will be plenty of reasons to stop almost anywhere to stop. Should I challenged that point too?

As I hired the car (used as a private vehicle hire), and they have already obtained my name but not provided any other documents like contract/lease agreements, what is the best strategy to approach the case? How should I navigate this aspect of my defence?

Thank you in advance for your help!

Below is my defence statement:

Claim No: [Claim Number]
Between:

And
[Defendant]

DEFENSE STATEMENT

1. The [Hirer], is the Defendant in this matter. The Defendant is the hirer of the vehicle in question and not the registered keeper. The Defendant denies any liability to the Claimant for the entirety of the claim.

2. The particulars of the claim do not specify the exact location where the alleged stopping occurred, only mentioning "Spinningfields Estate." This estate includes multiple streets and parking areas, making it unclear where the alleged contravention took place. Without a precise location, I am unable to verify the validity of the claim or properly defend myself against it.

3. The Claimant has failed to provide adequate details as required under the Protection of Freedoms Act 2012 (POFA), Schedule 4, which necessitates a clear description of the location of the alleged contravention. This omission significantly prejudices my ability to defend the claim and constitutes a breach of the statutory requirements.

4. As the vehicle is hired, the Claimant must comply with paragraphs 13 and 14 of POFA 2012, which outline the conditions required to transfer liability to the hirer. Specifically, the Notice to Keeper must include:

   • A copy of the hire agreement.
   • A copy of the statement of liability signed by the hirer.
   • A copy of the Notice to Keeper.                                                                                                                    The Claimant has failed to provide these documents, and therefore, liability cannot be transferred to me as the hirer.

5. The Claimant has not demonstrated that they have the authority from the landowner to issue and enforce parking charge notices at the location. This lack of authority renders their claim invalid.

6. The amount claimed is not a genuine pre-estimate of loss and is instead a penalty, which is not recoverable in these circumstances. The Supreme Court in the case of ParkingEye v Beavis [2015] UKSC 67 emphasized that charges must reflect a genuine pre-estimate of loss or be commercially justifiable, neither of which has been demonstrated by the Claimant.

7. The additional charges added to the original PCN amount are excessive, unconscionable, and an abuse of process. The Claimant’s demand for additional costs is not justified and is contrary to the Consumer Rights Act 2015, Schedule 2, which states that disproportionate financial penalties are unfair.

8. The Claimant has not provided any evidence of a contractual agreement between the driver of the vehicle and themselves. For a contract to be formed, there must be a clear offer, acceptance, and consideration, none of which can be established due to the vague and unspecified location details.

9. The signage at the location is inadequate and fails to meet the requirements of the British Parking Association (BPA) Code of Practice. The signs are either not visible, unclear, or positioned in such a way that they cannot be reasonably read from a driver's position. In particular, the sign's largest text is illegible from the distance between a moving vehicle and the sign, thereby failing to provide adequate notice of the parking terms. This lack of clarity means no contract was formed between the driver and the Claimant.

10. The signage at the site states "NO STOPPING," which constitutes a "forbidding" notice. A forbidding sign does not constitute an offer of parking; therefore, no contract could have been formed. As such, any attempt to claim a breach of contract is invalid.

11. The Claimant’s failure to comply with the necessary legal requirements and procedural rules renders their claim invalid. The lack of specific details and necessary documentation means that the Defendant cannot be held liable for the alleged contravention.

In light of the above points, I respectfully request the court to dismiss the claim in its entirety.

Statement of Truth:
I believe that the facts stated in this Defence are true.

Ballkicker

correction:

 Facts of the case:

Initial charge was £100 and then increased to £170  

Castle

Ballkicker said:

Hello everyone,

I have miscalculated significantly and missed my defence deadline to submit court documents regarding a PNC fine. I have already submitted the AOS, but I thought I had 28 days from the day of AOS and took it easy. However, I now realize the 28 days is from the claimant's issue date. 

It's 28 days from the date of service; which is deemed to be 5 days after the issue date.

Gr1pr

The charge stays at £100 , no matter what the claimant says 

There is no S in defence 

The deadline is 33 days after the issue date, as mentioned above , what date was the issue date. ?

The statement of truth is incorrect, it changed 4 years ago, so base your defence on the template defence by coupon mad in announcements 

Edited due to the next reply below 

Get your defence finalised , concisely , and submitted on MCOL ASAP 

Coupon-mad

No not emailed. Don't do it that way.

Use the Template Defence, not an old one.

With a late defence, remove the Chan images, chop out a wordy middle paragraph or two (maybe the stuff about Vine v Waltham Forest & other case law) and remove the top headings & bottom 'conclusion' and the statement of truth & signature area and once it is concise enough to fit the 'start defence' box, BUNG IT IN IN MCOL NOW!

Right now. On MCOL. This minute!

That stops them getting a CCJ immediately.

Ballkicker

Coupon-mad said:

No not emailed. Don't do it that way.

Use the Template Defence, not an old one.

With a late defence, remove the Chan images, chop out a wordy middle paragraph or two (maybe the stuff about Vine v Waltham Forest & other case law) and remove the top headings & bottom 'conclusion' and the statement of truth & signature area and once it is concise enough to fit the 'start defence' box, BUNG IT IN IN MCOL NOW!

Right now. On MCOL. This minute!

That stops them getting a CCJ immediately.

BAD NEWS!!!

Thank you very much, guys (Gr1pr &Coupon-mad ) for your advice and comments; it was really appreciated. However, after I adjusted my defence statement as advised and tried to submit it, I realised that a judgment was issued against me — I somehow didn't see it when I checked earlier. What are my best options for the next step?

Gr1pr

If a judgment has already been issued due to an expired deadline, then its either pay it in full , or pay for a set aside, with no guarantee of success 

Seems to me that the claimant pressed the yellow button on MCOL once the deadline expired , which is what coupon mad was probably afraid of 

What was the issue date on the claim form. ?  You still haven't told us 

Coupon-mad

You'll have to pay it in full.

Ballkicker

Gr1pr said:

If a judgment has already been issued due to an expired deadline, then its either pay it in full , or pay for a set aside, with no guarantee of success 

Seems to me that the claimant pressed the yellow button on MCOL once the deadline expired , which is what coupon mad was probably afraid of 

What was the issue date on the claim form. ?  You still haven't told us 

Apologies, I was really racing against time and also didn't want to remind 'my friends' about the low-hanging fruit to grab. The issue date was 03/05/24.

I will need to look up what 'set aside' means.

Many thanks again!

KeithP

Ballkicker said:
The issue date was 03/05/24.

I will need to look up what 'set aside' means.

Your Defence filing deadline was 4pm last Wednesday - 5th June.

No point in looking up set aside.
You need a good reason to achieve a set aside and forgetting the Defence filing deadline isn't a good reason.

As already said, you need to pay the judgment amount in full within the timescale specified to avoid a County Court Judgment remaining on your file for the next six years.

On the back of your Claim Form is a box entitled How to Pay.

Umkomaas

No point in considering a set aside if you didn't file your defence on time. All that will achieve is launching £303 into a black hole for a decision by a judge to reject the application, and you having to still pay the judgment on top of it. Get on with paying the judgment, avoid a financial catastrophic CCJ and save yourself £303.  Then get on with the rest of your life.