DEFENCE LETTER - PARAGRAPH 2 and 3 - Help please :)

Hannaht18989

Hi all. Massive thanks for such detailed threads. I have read NEWBIES. Followed the steps, acknowledged the service and now completing my defence for a claim form issued to me for CCJ. (Issue date 16th June / Serve Date 21st June) 

A link to the claim form is with "Ralphy-y's" advice hxxp://www.dropbox.com/scl/fi/hb9ggh5ob3s5holbf48a2/IMG_3762.jpg?rlkey=3eep5r6kgdpqnnsvtxu5wqtb0&st=5mo5n95p&dl=0

The facts are pretty quick to summarise. Parked in pub car park (which used to be free/not monitored) Never saw any signs - very very clearly not marked and I parked no where near the wall which must display such tiny signage! Missed the time to appeal for a variety of reasons - but from the threads I doubt I would have got anywhere anyway!

Question that I have is the following.. I am looking to re-draft paragraphs 2 and 3. In para 2 of the template there is reference to the claimant not stating all facts necessary for the purpose of formulating a complete cause of action. On the POC Parking Eye does give facts in that I needed to give authorisation for parking. Apologies if I am being thick here but does that therefore mean the claimant (ParkingEye) have stated the facts necessary? 

Para 3 is where I give me own facts right? that being limited signage etc. Do I also need to explain why I didnt appeal?

I also not that on the defence thread a post from SammyB1996 on the 1st July said the Judge struck their defence out. Do we know why? (Trying to ensure I answer everything perfectly to get this right!) 

Many thanks
H

Le_Kirk

Can you show us a copy of the POC please, redacting personal data first of course?

Hannaht18989

Hi Le_Kirk. thank you for quick reply. 

1505grandad

An observation  -  fee creeping up again  -  now £30.

Have you complained to the landowner/pub?  -  if you were a customer?

Hannaht18989

Sorry and thanks 1501grandad, do you mean the fee on the amount claimed? as the cap should be £100?

I haven't complained to the pub no. Actually because (very cheekily) I didn't use the pub as planned. I would have lunch after my appointment across the road. But this time I got a work call and actually had to sit in my car on said meeting for an hour so then had to leave. 

Castle

Parking charge reference and password showing on the claim form.

Coupon-mad

ParkingEye don't mention adding £30 on their signs so that part is unrecoverable.

Add this (BELOW) to REPLACE the old paras 9 and 10 from the Template about the DLUHC, and remove para 11 from the template as well, as it is old news which I will delete within days:


9. This claim is unfair and inflated and the Defendant has seen no evidence that any 'parking charge' or additional imaginary sum is due, whether in debt or damages. This Claimant now routinely pursues an unconscionable fixed sum added at the eleventh hour to each PCN, despite knowing that the will of Parliament is to ban add-ons and despite case law against them (on this point)  in ParkingEye v Somerfield. In a new tactic only seen from this Claimant in recent months, the sum claimed under purported 'contract' has been suddenly and disproportionately exaggerated by £30 immediately prior to proceedings. I believe that sum was unlikely to have been part of the alleged contract on the signs.

10. The Defendant takes the point that enhancing their claim with a disproportionate and impermissible sum, is double recovery (given they are also claiming 'legal fees') and is reason enough to disallow the claim. The signage could not have formed a contract for a £130 parking charge, as this exceeds the maximum amount allowed by trade bodies, which is capped at £100. The Defendant denies knowing about, let alone 'agreeing' to any contract to pay £100, let alone the inflated sum of £130 and the Defendant puts the Claimant to strict proof of all their allegations.

Hannaht18989

thanks Coupon-mad - I have amended

Hannaht18989

If paragraph 28 states that i am seeking costs (attendance at court etc) does this count as a 'counter claim' and therefore I need to amend section 4 on the N9B to detail the costs?

Coupon-mad

No it doesn't; costs are normal. Not a cc.

Hannaht18989

@Coupon-mad sorry to bother you, but in the defence para 2 it states that basically the parking company haven't given adequate facts. However in my screenshot above it looks like they have in this particular POC? Is that still not detailed enough? thank you.