Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • DevonChap
    • By DevonChap 13th Oct 18, 7:32 PM
    • 6Posts
    • 0Thanks
    DevonChap
    County Court Claim - BW Legal / Premier Parking Solutions
    • #1
    • 13th Oct 18, 7:32 PM
    County Court Claim - BW Legal / Premier Parking Solutions 13th Oct 18 at 7:32 PM
    Hi Team

    After fighting my ticket through every step since 2014, I have now received my County Court Claim

    Details of the case are (can't post full links sorry)
    forums.moneysavingexpert.com/showthread.php?t=5152441
    forums.moneysavingexpert.com/showthread.php?t=5869535


    I have submitted my Acknowledgement of Service - The Issue date of the claim is 8 Oct 2018

    Interestingly I have noticed that in the "Evidence Pack" that PPS provided to POPLA there are several Terms and Conditions signs (all small and unlit at night) - The interesting point is that they differ - The main board next to the ticket machine has 11 points - the one fixed to the back of the machine has 14 points!

    I also believe that their signage is misleading - as I understood the charges only to apply 8am until 8pm (however there was a nighttime charge further down the sign). This is the trap I fell into.

    Anyway - here is my "Defence", and I would welcome any comments that anyone may have

    Regards
    DevonChap


    IN THE COUNTY COURT

    CLAIM No: xxxxxxxxxx

    BETWEEN:

    Premier Parking Solutions LTD (Claimant)

    -and-

    xxxxxxxxxxxx (Defendant)

    ________________________________________
    DEFENCE
    ________________________________________

    1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

    2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date in the car park stated and had purchased and displayed a ticket.

    3. The Particulars of Claim give no indication as to why a PCN was issued. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

    4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

    5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.

    6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

    7. The terms on the Claimant's signage are also unlit. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract during periods of darkness.

    8. The claimantís signage also contains differing terms and conditions at different locations within the car park. It is therefore denied that the Claimantís signage is capable of creating a legally binding contract.

    9. The claimants signage is misleading and therefore it is claimed that the contract is unfair under the Consumer Rights Act 2015. Accordingly the unfair term is not binding on the Defendant.

    7. The Claimant is put to strict proof that it has sufficient prorpietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

    8. The Protection of Freedoms Act 2012, Schedule 4, at Section 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 £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery. This charge is not specified in the Terms and Conditions displayed.

    9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

    I believe the facts contained in this Defence are true.

    Name
    Signature
    Date
Page 1
    • KeithP
    • By KeithP 13th Oct 18, 7:46 PM
    • 9,930 Posts
    • 10,235 Thanks
    KeithP
    • #2
    • 13th Oct 18, 7:46 PM
    • #2
    • 13th Oct 18, 7:46 PM
    I have submitted my Acknowledgement of Service - The Issue date of the claim is 8 Oct 2018.
    Originally posted by DevonChap
    With a Claim Issue Date of 8th October, and having done the AoS in a timely manner, you have until until 4pm on Monday 12th November 2018 to file your Defence.

    Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    When you are happy with the content, your Defence should be filed via email as described 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) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.



    Is there a good reason why you didn't continue this saga on your existing thread?

    In my opinion, you would be wise to ask a board guide to merge your two open threads. That would save others having to check elsewhere for background information.
    I don't know, but maybe a board guide is able to merge your older closed thread too. Worth an ask I would think.
    .
    • DevonChap
    • By DevonChap 13th Oct 18, 7:56 PM
    • 6 Posts
    • 0 Thanks
    DevonChap
    • #3
    • 13th Oct 18, 7:56 PM
    • #3
    • 13th Oct 18, 7:56 PM
    Thanks Keith - Happy for the threads to be merged - The reason to start a new one is that as it has now got to this stage I thought the title of teh thread should include "County Court Claim..."
    • Redx
    • By Redx 13th Oct 18, 8:01 PM
    • 19,663 Posts
    • 24,955 Thanks
    Redx
    • #4
    • 13th Oct 18, 8:01 PM
    • #4
    • 13th Oct 18, 8:01 PM
    Thanks Keith - Happy for the threads to be merged - The reason to start a new one is that as it has now got to this stage I thought the title of teh thread should include "County Court Claim..."
    Originally posted by DevonChap

    which you could have edited the original thread title, or asked a board guide to edit it for you (and still can)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 13th Oct 18, 8:04 PM
    • 9,930 Posts
    • 10,235 Thanks
    KeithP
    • #5
    • 13th Oct 18, 8:04 PM
    • #5
    • 13th Oct 18, 8:04 PM
    Feel free to change the title of your thread anytime you wish.

    Click on edit on your opening post,
    Then Go Advanced,
    Then type what you want to see in the title box,
    Click on save a couple of times and the job's done.
    .
    • South Hams Starstream
    • By South Hams Starstream 20th Oct 18, 1:47 PM
    • 1 Posts
    • 0 Thanks
    South Hams Starstream
    • #6
    • 20th Oct 18, 1:47 PM
    • #6
    • 20th Oct 18, 1:47 PM
    Hi, I think we may have been in the same car park as you (April this year though) and we've just been back to take photos - but think the notices have been changed, looks like PPS have stuck over new ones, but we don't know when this was done. If you have any inkling about that be good to know and that apart, good luck, watching your claim closely and trying to figure out if we can use same defence. Many thanks.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,927Posts Today

9,299Users online

Martin's Twitter