Claim form received for parking in business park

milzero

Hi everyone, 

I got a Court Claim from National Parking Management Limited on 3rd Oct 2024 and now working on the Defence (with the help of the defence template). I (as a registered keeper) have submitted the AoS on 10th Oct 2024 so from my understanding I have until 3rd or 4th Nov to submit my defence? I won't leave it to last minute though. 

POC

Alongside the points from the defence template I am trying to make the following arguments for what has happened to the driver: 

- Although the alleged PCN was issued on 6:32am in the morning, the driver actually parked the car at the business park at around 11pm the night before. The surroundings was totally dark and there was no illumination on the signs to be clearly seen by anyone (below photo, taken approx the same time the following night). It is the parking company's responsibility to ensure the signs are visible at all times. 

- The signage is sparsely distributed in the car park including the area where the car was parked (below photo) and can be easily missed by drivers even during daytime let alone at night. 

- The business park is under-utilized as a couple of premises are not rented out and no one is using them. As a result, there are always many empty parking spaces during day let alone at night up to the time when the PCN was issued. It is not the same case as some busy retail parks where there is always an influx of customers and the parking companies may need to maximize the effiency of the car park to avoid loss for their retailers. In this case there is no loss or damage incurred and so it is unfair to have this amount of PCN charge to the driver. 

I am not sure if my last point would stand out as I think it is a merely a situational argument rather than a rule I can rely on. I feel my first point alone is kind of strong enough though as I have photo as an evidence that the signage is really un-seeable at night. I did raise this point straight at the first point of appeal so I am bit surprised they still go ahead with the court claim. I wonder if they just bet on that I can't cope with the stress and pay them what they want or have I actually missed anything obvious? 

Many thanks to everyone, especially the admin for their consistent support to this community! 

Gr1pr

Save the pictures, statements, stories and exhibits etc for the Witness statement bundle stage in several months time 

No exhibits or pictures are submitted with the defence, its a text document 

milzero

Sure will do. Thanks @Gr1pr

KeithP

You say you 'got a Court Claim' on 3rd October, but what is the Issue Date on the Claim Form?

You need to be aware that those Particulars of Claim are totally inadequate.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.

milzero

Thanks @KeithP . Yes sorry I was meant to say 3rd Oct is indeed the Issue Date (the one on top right of the claim form). 

KeithP

milzero said:

3rd Oct is indeed the Issue Date (the one on top right of the claim form). 

With a Claim Issue Date of 3rd October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 5th November 2024 to file a Defence.

That's over two weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

The POC doesn't even identify the town of the business centre, let alone the supposed terms or alleged breach. Laughable.

Obviously use the alternative defence linked in the Template itself, for poorly pleaded POC.

milzero

Hi guys,

Thanks for all of your help and I would like to post an update here. I just received a letter of Notice of Allocation to the Small Claims Track and am told to submit the Witness Statement by 22nd April. I think here is what I will include as evidence in addition to my witness: 

- Pics showing lack of signage at the entrance

- Pics showing no illumination on the "Terms and Conditions" signage plate at night

- Signage in Beavis case for comparison

- Original Defence and cost schedule

I think that should be it but will be great if you can let me know in case I've missed anything obvious. Also, the letter doesn't mention any hearing date so I believe I will only receive another letter for the hearing after I sent them the WS? 

Many thanks. 

Gr1pr

It should give a hearing date, unless it mentions that it will be allocated in future and both parties informed in due course 

I doubt that its influenced by the witness statement deadline or anything to do with the participants 

The CNBC will have passed on the defence plus the N180 DQ form to your nominated civil court,  so not needed in the WS bundle 

milzero

Thanks @Gr1pr. No it doesn't mention in the letter that we will be further informed. However, I rang my local County Court today and they did say I will get another letter for the hearing date after I submit the WS. 

Thanks for the advice on the WS bundle too. 

milzero

Hi guys,

I would like to give you some update here. My hearing is on next week and I am preparing a draft of what I will present in front of the Judge. However, I think it may be helpful if I can post some bullet points here and will be great if you guys can have a look and see if I have missed anything important.

- Poorly formed POC due to the lack of detailed location and information of why the parked car was in breach of the “contract”. However, the Claimant has since added the postcode and the town of the business centre and the details of the alleged breach in their Witness Statement . If so, has this argument become invalid? Or can I say this is the abuse of process because they only provided this information in their WS which was couple of weeks after I filed my Defence?

- The alleged 'core debt' from any parking charge cannot exceed £100. However, the Claimant made the following counter-argument in their WS.

"Defendant asserts that under the Protection of Freedoms Act 2012 Schedule 4 (4.5), the maximum amount recoverable in these circumstances is the amount specified on the notice to keeper, in this case £100. However the Claimant relies on the Protection of Freedoms Act 2012 Schedule 4(6) which states that the paragraph does not affect any other remedy the creditor may have  against  the  keeper  of  the  vehicle.  Consequently  as  the  Claimant  is  seeking  to  recover additional  costs  on  an  indemnity  basis  as  outlined  above,  due  to  the  Defendant’s  breach  of contract; this is not affected"

In my case the Claimant is seeking a "Principal Debt" of £100 and the additional costs of £70. Do you think I can simply counter that using CRA Section 71 and the Unfair Contract Terms Guidance doc (from the Defence template)?

- Lack of signage at the side where the car was parked and no illumination on the main terms and conditions plate (I feel confident on this one so should be fine)

It’s nearly the end now so whatever happens at least I can say I have tried my best. Thanks again for all your help!