I Need Help! Private Parking Solutions Ticket County court Claim

Should i put in my draft that they haven't provided any evidence to support there claims ? i.g Photos

KeithP wrote: »

There are lots of example defences linked from post#2 of the Newbies thread.

Can you not nix and match from those?

Thanks and i have looked through quite abit to find ones which are similar to my case, if you have a link of one you think may help please link it here for me to have a read

here is what i have so far

(Draft)
I deny I am liable for the claim for each of the following!
reasons:
The facility in which my car was parked is not accessible to the!
public, to get into this facility you have to be buzzed in and!
authorized by someone who has a unit on the premises which i did,!
i contacted the staff at my gym which observe me via camera and!
allowed me to enter the facility to park my vehicle.

I pay a monthly charge of £40 to Bodywork's Gym to use their!
facilities and, in particular, to be able to park my vehicle.
I!continued to pay this monthly charge for parking and at the date!
of the alleged parking infringement was up to date and payed for.

Private parking solutions LTD Claim that my Vehicle was parked in!
a 'No Parking Area' Yet there is no Signage to justify these!
claims, however there is signage that indicates (GYM ONLY)which i!
find confusing. Therefore the terms were not made clear, there are!
no road markings or signs to indicate such a claim

I have also Recieved dozens of letters from multiple different!
Debt collectors agency's threatening court action and increased!
charges. This in my view is an offence under Section 40(1)(a) of!
The Administration of Justice Act 1970. The reason is that this is!
not a debt until a court issues a judgement against myself and!
until a court does so Private Parking Solutions cant enforce!it.

nosferatu1001 wrote: »

any reason you are identifying the driver? Usually we advise that the keeper defends.

Thanks i missed that. as to the spelling the computer i am using only has wordpad BUT before submitting my statement i will have it checked

I have made a few changes and added more information here is what i have today but im still not happy with it, If you have anymore advice please share it with me:)

2nd Draft Defence

It is denied that i owe any debt to the claimant or that any debt is in fact owed or that any debt exists or could ever exist or has ever existed. That in any event the claimant has failed to comply with the requirements of the Civil Procedure Rules and that their claim is both unfounded and vexatious.

1. The facility in which my car was parked is not accessible to the public, The car park has a security gate which can be opened only by authorised personnel, i.e someone who has a unit on the premises. I contacted the staff at my gym via intercom and they observed me on camera and authorised me to enter the facility and park my vehicle.

2. My vehicle was not parked on any yellow lines or footpaths and was not obstructing anything, you do not need a permit or ticket or pay and display of any kind to park so i can not understand why the claimant thinks i am liable for any kind of charge.

3. The reason for this parking company's presence on this gated site can only be for the sole purpose of deterring parking by uninvited persons, for the benefit of drivers authorised by the leaseholder businesses. Instead, contrary to various consumer laws, this Claimant carries out a predatory operation on those very people whose interests they are purportedly there to uphold.

4. I pay a monthly charge of £40 to Bodywork's Gym to use their facilities and, in particular, to be able to park my vehicle. I continued to pay this monthly charge for parking and at the date of the alleged parking infringement was up to date and payed. i have been using this same facility for over 5 years now and have never had a problem with parking in that exact space.

5. Private parking solutions LTD Claim that my Vehicle was parked in a 'No Parking Area' Yet there is no Signage to justify these claims, however there is signage that indicates (GYM ONLY) which i find confusing. There are no road markings what so ever or was there signage to indicate such a claim. Therefore the terms were not made clear.

6. Section 18.3 of the BPA Code of Practice which gives clear instructions as to the placing, visibility and clarity of any signs that are used to form contracts. It says: 18.3 You must place signs containing the specific parking terms throughout the site.

7. It is denied that the signs used by Private parking Solutions can have created a fair or transparent contract with myself in any event. The signs were insufficient in terms of their distribution, wording and lighting hence incapable of binding the me to there contract, which distinguishes this case from the Beavis case:

8. The signs are believed to have no mention of any debt collection additional charge, which cannot form part of any alleged contract. I have received dozens of letters from multiple different Debt collectors agency's threatening court action and increased charges. This in my view is an offence under Section 40(1)(a) of The Administration of Justice Act 1970. The reason is that this is not a debt until a court issues a judgement against myself and until a court does so the Private Parking Solutions cant enforce it.

9. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. I believe the term for such conduct is ‘robo-claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.

10. The charge the claimant levying is an unfair term (and therefore not binding) pursuant to the Unfair Terms in Consumer Contracts Regulations 1999.