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  • FIRST POST
    • uksniper
    • By uksniper 3rd Dec 19, 7:41 PM
    • 3Posts
    • 1Thanks
    uksniper
    MCOL Defence
    • #1
    • 3rd Dec 19, 7:41 PM
    MCOL Defence 3rd Dec 19 at 7:41 PM
    Hi, I've received a court claim and have used MCOL to provide an AOS.

    The claimant is Local Parking Security Limited

    Particulars of claim
    The driver of the vehicle with registration XXXXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at XXXXX, on XX/XX/2018 thus incurring the parking charge (the 'PCN'). The PCN was no paid within 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS
    85 for the PCN, 60.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of 18.67 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at 0.03 per day
    Background is my vehicle was parked on a car park of a hotel which provides free parking to customers. The ticket issues stated the vehicle was 'Parking in Disabled Bay with no Badge'. The vehicle was parked in a disabled bay but the driver genuinely did not know this at the time of parking. Contributing factors were the driver parked at night which would inhibit the view of road markings / signage, the driver didn't look at parking terms and conditions sign as they had pre-checked the hotel website that stated parking was free for customers of the hotel. Additional factors were a sign saying 'disabled parking' was directly next to the bay the driver parked in and was extremely faded (photograph to evidence this taken), the road markings showing a yellow wheelchair to indicate the bay was for disabled barking was extremely faded and not complete in design due to the fading (photograph to evidence this taken).

    As owner I received several letters from the parking company which I ignored (not sure whether this is right or wrong) and also ignored any letters from debt collection companies that was received.

    In reading the forum I have the following draft defence, any comments or further advice is greatly appreciated. I'm not sure if it bears any greater defence but the car park has since been re-marked.

    In The County Court
    Claim No: XXXXXXX
    Between
    Local Parking Security Limited (Claimant)

    -and-

    XXXXXXX (Defendant)

    ____________
    DEFENCE
    ____________

    1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

    2. The facts of the matter are that the Defendant's vehicle was parked at XXXXXXX (the 'land') in a bay marked for disabled users without displaying a disability badge. The ‘land’ which forms the basis of the current claim consists of a number of poorly marked parking spaces and faded road markings to designate disabled bays. Signage indicating bays are for disabled use only are also present but also faded in print making them unclear. Given this lack of clarity regarding the designation of disabled parking bays, no contract can be construed from the Claimant's signage, under the contra proferentem principle.

    3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

    4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

    5. The Defendant has the reasonable belief that the Claimant has not incurred 60 costs to pursue an alleged 85 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case 85.

    6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

    Statement of Truth:

    I believe that the facts stated in this Defence are true.

    Name
    Signature
    Date
    Thank you for your time to read my post.
    Last edited by uksniper; 04-12-2019 at 9:25 AM. Reason: Updated defence statement
Page 1
    • KeithP
    • By KeithP 3rd Dec 19, 7:42 PM
    • 18,997 Posts
    • 23,669 Thanks
    KeithP
    • #2
    • 3rd Dec 19, 7:42 PM
    • #2
    • 3rd Dec 19, 7:42 PM
    Hello and welcome to the forums.

    What is the Issue Date on your County Court Claim Form?

    On what date did you file an Acknowledgment of Service?
    .
    • uksniper
    • By uksniper 3rd Dec 19, 7:45 PM
    • 3 Posts
    • 1 Thanks
    uksniper
    • #3
    • 3rd Dec 19, 7:45 PM
    • #3
    • 3rd Dec 19, 7:45 PM
    Hi Keith,

    Sorry for not providing this intially;

    Claim History
    A claim was issued against you on 11/11/2019
    Your acknowledgment of service was submitted on 22/11/2019 at 19:19:50
    Your acknowledgment of service was received on 25/11/2019 at 01:18:35
    • KeithP
    • By KeithP 3rd Dec 19, 7:48 PM
    • 18,997 Posts
    • 23,669 Thanks
    KeithP
    • #4
    • 3rd Dec 19, 7:48 PM
    • #4
    • 3rd Dec 19, 7:48 PM
    Claim History
    A claim was issued against you on 11/11/2019
    Your acknowledgment of service was submitted on 22/11/2019 at 19:19:50
    Your acknowledgment of service was received on 25/11/2019 at 01:18:35
    Originally posted by uksniper
    With a Claim Issue Date of 11th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th December 2019 to file your Defence.

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


    When you are happy with the content, your Defence could be filed via email as suggested here:
    1. Print your Defence.
    2. Sign it and date it.
    3. Scan the signed document back in and save it as a pdf.
    4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
    7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
    8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
    .
    • 1505grandad
    • By 1505grandad 3rd Dec 19, 8:28 PM
    • 405 Posts
    • 640 Thanks
    1505grandad
    • #5
    • 3rd Dec 19, 8:28 PM
    • #5
    • 3rd Dec 19, 8:28 PM
    "hotel website that stated parking was free for customers of the hotel."

    You have/will complain to the hotel manager?
    • Coupon-mad
    • By Coupon-mad 4th Dec 19, 2:19 AM
    • 79,154 Posts
    • 93,009 Thanks
    Coupon-mad
    • #6
    • 4th Dec 19, 2:19 AM
    • #6
    • 4th Dec 19, 2:19 AM
    in this case 100.
    Should be:
    in this case 85.
    That's a good concise defence for this stage, and it can be expanded upon with evidence at WS stage.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • uksniper
    • By uksniper 4th Dec 19, 9:26 AM
    • 3 Posts
    • 1 Thanks
    uksniper
    • #7
    • 4th Dec 19, 9:26 AM
    • #7
    • 4th Dec 19, 9:26 AM
    Thanks for spotting coupon-mad! I've updated the mistake in my statement =)
    • The Deep
    • By The Deep 4th Dec 19, 9:33 AM
    • 15,977 Posts
    • 16,766 Thanks
    The Deep
    • #8
    • 4th Dec 19, 9:33 AM
    • #8
    • 4th Dec 19, 9:33 AM
    CLAIMANT CLAIMS 85 for the PCN, 60.00 contractual costs

    That extra 60 may be their undoing, it is unlawful and should be brought to the attention of the judge, read this,

    https://forums.moneysavingexpert.com/showthread.php?t=6014081

    Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
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