Gym group DCB legal court claim defence

Teamad123

Hi,

I’d be grateful if someone could check  paragraphs from my Defence.  

Received PCN for overstaying by 19min. Too late to appeal so contacted the gym and they confirmed it had been sent off to cancel. Received more letters and did the same, again the gym called back and said it has been dealt with. Then received letter of claim and usual. 

Q - do I attach the emails from the gym as evidence? Do I need to mention the overstay and do I need defend it (haven’t seen anything about this in posts apologies if I’ve missed it)

Thank you in advance

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 and driver.

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 20/11/2022, as alleged.  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever.

3.1 The Defendant denies the allegation stated in paragraph 3 of the Particulars of Claim  ‘Insufficient Paid Time’. To the Defendant’s knowledge being a patron of the Gym Group, there was no payment made nor required as the Defendant has full contractual and legal right to park at the Fiveways Multistorey Birmingham Car Park through an agreement between the Gym Group and landlord via Euro Car Parks Limited. Therefore, the alleged breach is impossible, rendering the parking charge void and this claim meritless. 

3.2 Upon receipt of the Parking Charge Notice, the Defendant promptly emailed The Gym Group and requested cancellation of the charge. The Gym Group responded to confirm that the charge had been cancelled and no further action was requred. Despite this, the Defendant continued to receive further correspondence from the Claimant, the Defendant contacted The Group again. Further confirmation was provided from The Gym Group that the Claimant had been contacted to stop harassing the Defendant with debt collection letter. The Defendant reasonably relied on these assurances and believed the matter to have been fully resolved.

Coupon-mad

Evidence comes later but that defence is good. Show us the POC.

Sovereign_Hunter_999

Has anyone got any evidence of what happens when not paying one of these fines?..

Teamad123

POC attached below 

Teamad123

@Coupon-mad

Coupon-mad

Sovereign_Hunter_999 said:

Has anyone got any evidence of what happens when not paying one of these fines?..

What fine? Nobody pays.

Coupon-mad

Teamad123 said:

@Coupon-mad

Defence looks good for that POC. Crack on!

1505grandad

What is the issue date of the claim form and date of the AoS

Teamad123

Issue date 23 May, AoS submitted 2 June 

Car1980

Sovereign_Hunter_999 said:

Has anyone got any evidence of what happens when not paying one of these fines?..

Look for the discontinuations thread.

Teamad123

Thank you all so much. I have followed the rest of the instructions in the main post and emailed the form. 

I am curious however how the overstay will be defended. Is this simply from the fact that the gym said they had cancelled the ticket?