Received a claim form for parking at work parking space

fisherjim

Thorndorise said:

Grizebeck said:

And Hurley has the cheek to be "concerned" about MSE forum advice.!!!!

I was thinking the same thing! It stands out that there clearly is a cut & paste approach to any appeal to IAS - this probably isn't to be unexpected as there will be basics of a case that are duplicative. However what it does show it is very unlikely that much attention is paid to these appeal responses, and this is a perfect example of that and shows the IAS - and the IPC (and the whole lot tbh) for what they truly are.

It shows also their contrived policy to reject around 96% of appeals with template replies!

Half_way

if your employer instructed you to park there then this is a workplace issue and should be dealt with while you are at work in work time and at work expense

Coupon-mad

Coupon-mad said:

Here's my most favourite part of all:

@1505grandadsaid:

I'll have a pint of what he/she is on!!

I think s/he was ordering more wine:

https://www.majestic.co.uk/craggy-range

https://www.majestic.co.uk/wines/villa-maria-private-bin-sauvignon-blanc-37063

always_ontime

Half_way said:

if your employer instructed you to park there then this is a workplace issue and should be dealt with while you are at work in work time and at work expense

I will need to talk to them again.

always_ontime

Hello everyone,
I have adjusted the paragraphs and post only those ones here for any comment, the rest will be the same as in the template. I am just wondering if I need to mention the IAS email somewhere or not? The other thing is, I have spent hours of my time on this, I would like to somehow highlight it for the judge (this time could be spent on my students). Of course if it is the right thing to do. 
Thank you all.

 IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

Full name of parking firm Ltd, not the solicitor!

(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').

 

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.  The defendant is a teacher of a registered business at this location. Entry into the car parking area is by means of a four-digit pass code entered in a number lock which opens a large electric gate; the pass code is only issued to permit holders. Any vehicles parked therein are therefore, de facto authorised to be there. Nonetheless, the permit was displayed at the time of the alleged breach however the defendant has no knowledge of the point at which the ticket moved or why. The next day, in an email, the defendant provided the Claimant with the permit along with an explanation as a good faith and made all reasonable endeavours to comply with the terms and conditions as far as they were understood.

 

4.  The Claimant is under a duty to mitigate its loss. It failed to do so by ignoring the information available from the Defendant having provided a valid permit that would have enabled it to establish that the Defendant was parked legitimately. This was an opportunity for the Claimant to act reasonably and cancel the PCN which was dismissed.

 

5.  Falling of the permit, due to any reason or factor, is not within a driver's control (the Defendant was by that time, absent from the location) and it is evident that another factor outside anyone's control – was to blame. This appears to have been a case of casus fortuitus "chance occurrence, unavoidable accident", which is a doctrine that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties renders the issue.

 

6.  As far as the defendant is aware, the National Parking Management LTD has an

E-Permit in action in this parking. To avoid any future issues, the Defendant asked the Claimant to enter the vehicle’s registration number into their database which was simply ignored by the Claimant.

 

7.  Notwithstanding the above and the fact that the defendant is a permit holder it seems that the Claimant profits from drivers' misfortune.

8.  .............

LDast

You've got to wonder... who is Maria and is that her phone number? 

Coupon-mad

I would mention that the D went to strenuous efforts to dispute the unfair charge, including what was said to be an 'independent appeal' service, but received back an incoherent embarrassment of an 'adjudication' from an apparently drunken assessor. This twice said the appeal was upheld, twice said it was not, cited two wrong VRMs and was littered with repetition and rambling misspellings and even a cut & paste phrase about a Majestic wine order.

always_ontime

Hi
I have found the landowner (he just popped into our office to give a letter to the reception. I am lucky! . I am putting pressure on my employer to make him cancel the PCN. Apparently the failure is from the landowner by not passing my registration number to the parking company to be registered in their data base. Now the landowner stays away from me! and once asked me to pay the charge and avoid headache!! I will write a letter to him as well to remind that he is also liable for what his agent is doing on his land. Any idea will be appreciated.
Thanks 

always_ontime

Hi
I just have a quick question please. I sent my defence to the court and I have received an automated email saying I will have a response in 10 days. Is that the confirmation?
Thank you

Coupon-mad

Yes.  But it takes longer than 10 days - see the first 12 steps in the Template Defence thread.