County court claim for parking please help

:rotfl::rotfl: thanks, as you can tell im new to this website!!

My new drafted defence..... any tips or advice, additions or removals would be helpful and appreciated!!!


Between:
UK PARKING CONTROLS
V
CAMERON INCH

I, CAMERON INCH, deny I am liable to the Claimant for the entirety of the claim for each of the following reasons:


1. This Claimant has not complied with pre-court protocol. And as an example as to why this prevents a full defence being filed at this time, a parking charge can be for trespass, breach of contract or a contractual charge. All these are treated differently in law and require a different defence. The wording of any contract will naturally be a key element in this matter, and a copy of the alleged contract has never been provided to the Defendant.

(a) There was no compliant ‘Letter before County Court Claim’, under the Practice Direction.

(b) This is a speculative serial litigant, issuing a large number of identical 'draft particulars'. The badly mail-merged documents contain very little information.

(c) The Schedule of information is sparse of detailed information.

(d) The Claim Form Particulars were extremely sparse and divulged no cause of action nor sufficient detail. The Defendant has no idea what the claim is about - what the alleged contract was; nothing that could be considered a fair exchange of information. The Claim Form Particulars did not contain any evidence of contravention or photographs.

2. In the absence of any proof of adequate signage that contractually bound the Defendant then there can have been no contract and the Claimant has no case.

(a)The claimant’s notices attempt to make a forbidding offer, (evidence photo 1) which isn’t an offer at all therefore no contract exists. The claimant’s notices clearly state no unauthorised parking therefore there is no offer of a contract for those who are supposedly unauthorised and therefore no contract.

(b) The second of the claimants notices states (evidence photo 2) “ Private Road Parking for residents of St. Michaels Park ONLY”. This notice indicates to me that I as a resident of St Michaels Park, am authorised to park here. The presence of the claimant on the land will have supposedly been to prevent parking by uninvited persons, for the benefit of the actual leaseholders (MYSELF). Instead a predatory operation has been carried out on the very people whose interests the claimant was there to uphold. I have attached a copy of my lease for your interest.
How Is anybody meant to fully understand what these contradictory signs actually mean.I note that any ambiguity in contractual agreements must be interpreted in the way that favours the consumer.

(c) NO ENTRANCE SIGNS


3. The Assured Shorthold Tenancy (Attached as evidence)
(a) There is no agreement within this assured shorthold tenancy contract that states I have to display a parking permit, pay for a ticket or pay penalties to a third party for non display. Primacy of contract cannot be amended by PPC signs unless I have agreed to a variation of the tenancy, which clearly I have not.

(b)Point 7(a)(i) of the tenancy agreement states: “The Tenant may hold and enjoy the Property during the Tenancy without any unlawful interference by the Landlord or any person acting on his behalf.” The aggressive business approach and unwarranted threat of court and debt collectors that has been issued to me from UKPC has caused me much distress and discomfort within this tenancy.

4. I, The Defendant therefore believe that these charges are not valid and my personal details have been obtained unlawfully by the claimant in this case and I ask that the court does not assist the claimant to benefit from a wrongdoing.

5. The Claimant has brought a claim that discloses no cause of action. The defendant has the reasonable belief that the claimant is abusing the court process by using the threat of action and the threat of damaging the Defendants credit rating to alarm the Defendant into making a payment that is not owed.

6. It is believed UKPC do not hold a legitimate contract at this car park. As an agent, the Claimant has no legal right to bring such a claim in their name which should be in the name of the landowner.


7. The defendant therefore asks for the court to strike out the claim as having no reasonable prospect of success as currently drafted.

(a) Alternatively, the Defendant asks that the Claimant is required to file Particulars which comply with Practice Directions and include at least the following information;

i. Whether the matter is being brought for trespass, breach of contract or a contractual charge, and an explanation as to the exact nature of the charge

ii. A copy of any contract it is alleged was in place (e.g. copies of signage)

iii. How any contract was concluded (if by performance, then copies of signage maps in place at the time)

vi. If charges over and above the initial charge are being claimed, the basis on which this is being claimed

vii. 5. The Claimant is put to strict proof that at the time of the alleged event they had both advertisement consent and the permission from the site owner to display the signs. In the absence of strict proof I submit that the Claimant was committing an offence by displaying their signs and therefore no contract could have been entered into between the driver and the Claimant. 


b) Once these Particulars have been filed, the Defendant asks for reasonable time to file another defence.
I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).


I confirm that the above facts and statements are true to the best of my knowledge and recollection.

Thnk u Coupon for your help! My case has been transferred to local court so am now just awaiting court date. its much appreciated. Please if you could stay on my thread and help me beat these!!