Claim Form from a court

Coupon-mad

Show us your draft defence when you are ready. As long as you've done the AOS?

Newbie_learner

Hi

Just an update. I have submitted my AOS and have drafted the defence below:

IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

UK Parking Control Limited

(Claimant) 

- and -  

Defendant named on claim (can’t be changed to driver now)                        

 (Defendant)

_________________

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').

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 driver.

3.     The Defendant visited a store and parked in the car park where the ‘marking of the bay or space’ are unclear and barely visible. They are washed out and so faint making it very difficult to see them clearly, especially when it is dark. At the time of parking, it was late evening and, therefore, very dark. There were not many other cars parked in the car park, making it even more difficult to understand where a bay marking was. The Defendant had three small children accompanying them at the time and all were crying and arguing and so the Defendant was eager to get out of the car and into the store.

4.     The signage states that parking is free for up to two hours. The Defendant did not breach this and was parked there for less than two hours.

5.     The Claimant states that the Defendant was ‘not parked correctly within the markings of the bay or space’. The Defendant denies this as the ‘markings of the bay or space’ are not displayed correctly or clearly by the car park owners.

 

6.     The Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge, as well as proving a term was breached, there must be:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

           7.  The Defendant denies (i) or (ii) have been met.

           8.  The alleged 'core debt' from any parking charge cannot exceed £100 (the industry cap).  It is denied that any 'Debt Fees' or damages were actually paid or incurred.

          9. This claim is unfair and inflated and it is denied that any sum is due in debt or damages.  This claimant routinely pursues an unconscionable fixed sum added per PCN, despite knowing that the will of Parliament is to ban it

        10. This is a classic example where adding exaggerated fees funds bulk litigation of  weak and/or archive parking cases. 

 

Statement of Truth

I believe that the facts stated in this defence are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signature:

Date:

 

 

 

Newbie_learner

I also came across another case on this forum from 2019 regarding the same car park! Same issue, washed out markings. should I mention this in my defence, to highlight the fact that 5 years later, they still haven't bothered to re paint their markings which are confusing to more drivers than myself!

Coupon-mad

Good defence as long as you add the rest of the Template Defence.

Forum posts are hearsay and ignored by Judges. Better to say that Google Streetview images over the years document that the lines and signs have never been adequate, clear nor sufficiently prominent at this site for well over 5 years.

Newbie_learner

OK Thank you

Newbie_learner

Hi all 

I am about to email my defence over. 

I have included the rest of the template defence to my personal paragraphs but just wanted to clarify something. There are some parts of the template which make no sense to me eg "The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished."

However I still include all of it or do I have to adjust it to fit in with my claim? 

Regards and thank you 

Gr1pr

All of it after paragraph 3 or thereabouts, adjusting the early parts to suit and renumbering 

Check for the auto email response reply after emailing it as a PDF attachment, checking your inbox and spam folders 

KeithP

Newbie_learner said:

Hi all 

I am about to email my defence over. 

I have included the rest of the template defence to my personal paragraphs but just wanted to clarify something. There are some parts of the template which make no sense to me eg "The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished."

However I still include all of it or do I have to adjust it to fit in with my claim? 

Regards and thank you 

Include it all.

Surely these words in the template Defence post tell you that...

We recommend you continue with this wording  (yes, all of it. Paragraphs suitably re-numbered to allow for the above).

Newbie_learner

Thank you Keith 

I’ve read the Template defence post so many times so shame on me !

thank you for your prompt reply 

Newbie_learner

Hi 

Just to update you all, I sent over the DQ and as mine is a recent case, I had to agree to mediation. I have been given a date for mediation on 25/11 and need to start preparing for this now

I recently read something around mediation but am completely lost now and cannot find it! Has anyone here been through the mediation process? 

I am aware that I need to re read my defence and I should remain adamant that I will not be paying anything?