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  • FIRST POST
    • TPSTwats
    • By TPSTwats 29th Oct 18, 9:56 AM
    • 19Posts
    • 6Thanks
    TPSTwats
    AOS completed, defense required
    • #1
    • 29th Oct 18, 9:56 AM
    AOS completed, defense required 29th Oct 18 at 9:56 AM
    Hello all,

    I have completed the AOS and submitted a N18 to BW Legal. They have responded to the N18 and i have now written a defense that has too be submitted. Could someone please help and see if it is correct?

    Thank you.

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
    IN THE COUNTY COURT

    CLAIM No:

    BETWEEN:

    Total Parking SolutionsLimited

    -and-


    ________________________________________
    DEFENCE
    ________________________________________
    The Defendant is the registered keeper of the vehicle in question. The Claim relates to an alleged debt in damages arising from a driver's alleged breach of contract, when parking at car park on X.

    Any breach is denied, and it is further denied that there was any agreement to pay the Claimant's X'Parking Charge Notice ('PCN')'.

    In addition to the original PCN penalty, for which liability is denied, the Claimants have artificially inflated the value of the Claim by adding purported added 'costs' of 60 contractual costs pursuant to PCN Terms and conditions which the Defendant submits have not actually been incurred by the Claimant.

    In the Particulars there is also a second add-on for purported 'legal representative costs of 50' on top of the vague 60, artificially hiking the sum to This would be more than double recovery, being vague and disingenuous. Such costs are not permitted (CPR 27.14)

    According to Ladak v DRC Locums UKEAT/0488/13/LA the claimant can only recover the direct and provable costs of the time spent on preparing the claim in a legal capacity, not any administration cost.

    The Particulars of Claim state the Claimants claim is for the sum of 100 being monies due from the Defendant to the claimant in respect of Parking Charge Notice. The Claimant has failed to provide evidence of who is liable and whether they are relying on the POFA. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. 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.

    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.

    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. They merely state that vehicles must be parked within the allocated parking bay.

    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 particularly at night in a badly lit area It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

    It can also be noted that the Claimant has failed to act on Notice 18 requesting further information with regard to the claim. The email was sent 14/10/18 (included in the defence).

    The Claimant is put to strict proof that it has sufficient proprietary 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.

    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.

    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.

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
    Last edited by TPSTwats; 29-10-2018 at 3:47 PM.
Page 2
    • Coupon-mad
    • By Coupon-mad 1st Nov 18, 11:10 PM
    • 63,870 Posts
    • 76,516 Thanks
    Coupon-mad
    I have read some defence posts however I could not see a (final) outcome
    Originally posted by TPSTwats
    Haha, try searching this forum alone (using ADVANCED SEARCH) for the keywords:

    another one bites the dust

    ...you will have enough threads to read in your search results, all about winning outcomes at hearings, to keep you busy for a month!
    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
    • TPSTwats
    • By TPSTwats 2nd Nov 18, 3:05 PM
    • 19 Posts
    • 6 Thanks
    TPSTwats
    Thank you.
    • TPSTwats
    • By TPSTwats 6th Nov 18, 9:10 AM
    • 19 Posts
    • 6 Thanks
    TPSTwats
    Morning,

    Just been reading a few of the cases which have been through the court. This may seem like an odd question, however is there a way of not attending the court? 1

    regards.
    • IamEmanresu
    • By IamEmanresu 6th Nov 18, 9:19 AM
    • 3,769 Posts
    • 6,181 Thanks
    IamEmanresu
    This may seem like an odd question, however is there a way of not attending the court? 1
    Perfectly normal and happens a lot. Wait for the Notice of Allocation which will give a hearing date. On that form will be a date to exchange Witness Statements which you must do if you are not attending. And after the WS has gone in, but no later than 7 days before the hearing, you advise the court (and the other side) of your non-attendance so the case can be heard on papers only.

    Neither side should be in attendance then, and it will come down to the Witness Statements / evidence.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • Quentin
    • By Quentin 6th Nov 18, 10:16 AM
    • 37,942 Posts
    • 22,051 Thanks
    Quentin
    Why do you ask this now?

    What reading have you done that encourages you not to attend??
    • TPSTwats
    • By TPSTwats 6th Nov 18, 1:22 PM
    • 19 Posts
    • 6 Thanks
    TPSTwats
    It would mean I have to take a day off work and attend the court in Northampton which is a 2hr drive away. I am hoping to avoid that if I can.
    • KeithP
    • By KeithP 6th Nov 18, 2:01 PM
    • 10,626 Posts
    • 11,017 Thanks
    KeithP
    It would mean I have to take a day off work and attend the court in Northampton which is a 2hr drive away. I am hoping to avoid that if I can.
    Originally posted by TPSTwats
    You will not have to attend a court in Northampton.

    Where did you get that idea from?

    Are you not reading the comprehensive guidance offered in post #2 of the NEWBIES FAQ sticky thread?

    In particular, read again the links following this heading in that post:
    IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!
    .
    • Coupon-mad
    • By Coupon-mad 6th Nov 18, 11:40 PM
    • 63,870 Posts
    • 76,516 Thanks
    Coupon-mad
    It would mean I have to take a day off work and attend the court in Northampton which is a 2hr drive away. I am hoping to avoid that if I can.
    Originally posted by TPSTwats
    Wow...you need to read threads properly. No-one goes there unless you live near that court! What on earth made you think everyone whose cases you are reading about, goes to Northampton?

    When you get your DQ N180, you CHOOSE your local preferred court.

    I worry that you need to develop an eye for detail. You need to read more carefully. You even asked someone who won their case, how much they had to pay...when in fact winners claim their loss of leave/salary, travel and sometimes more, a healthy 3 figure sum awarded TO them!

    The odd lost case causes a person to pay about 175 all told. No CCJ, nothing bad.
    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
    • IamEmanresu
    • By IamEmanresu 7th Nov 18, 4:37 AM
    • 3,769 Posts
    • 6,181 Thanks
    IamEmanresu
    To find the court you are likely to be given, put the postcode here

    https://courttribunalfinder.service.gov.uk/search/postcode

    Courts allow defendants to go to the nearest court based on their postcode location rather than the claimant's choice.

    Secondly, there is no need to attend as a well researched defence, witness statement and skeleton argument should do the job. Especially since the other sides evidence is patchy and contains errors (aka lies).

    The idea of having people go along to an oral hearing is based on the premise that the defendant's WS/SA can't do the job. In many cases it can as is illustrated by defendants coming back and saying they were not allowed to speak and the judge threw out the case.

    The choice to attend or not, is yours based on how strong you think your statements and evidence is.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • TPSTwats
    • By TPSTwats 7th Nov 18, 8:50 AM
    • 19 Posts
    • 6 Thanks
    TPSTwats
    Ok, thank you everyone. I didn't understand if I had to attend court, not been in this privileged position before.

    Would be nice to receive money from them! That would be more than satisfactory.
    • Coupon-mad
    • By Coupon-mad 8th Nov 18, 12:29 AM
    • 63,870 Posts
    • 76,516 Thanks
    Coupon-mad
    Read sassii's thread.

    He/she got a 4 figure sum in costs, by listing all costs/hours wasted on their repeated PPC harassment and farce and by going into detail about how the Claimant had acted wholly unreasonably at all stages, playing fast & loose with the practice direction, the POFA, the Code of Practice, court deadlines and the very basis of claim having no cause of action against a resident based on their primacy of contract (specific to that case).

    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
    • TPSTwats
    • By TPSTwats 8th Nov 18, 6:50 AM
    • 19 Posts
    • 6 Thanks
    TPSTwats
    Really, wow!

    4 figures. At least that will teach them something.

    Regards.
    • TPSTwats
    • By TPSTwats 10th Nov 18, 7:36 PM
    • 19 Posts
    • 6 Thanks
    TPSTwats
    Just a quick update. They have sent a questionnaire indicating that they want to continue with the claim.

    Better get reading, I am correct in believing that my next step is to organise a witness statement with photographs (obviously reading&understanding a previous thread first).

    #Gulp
    • KeithP
    • By KeithP 10th Nov 18, 7:39 PM
    • 10,626 Posts
    • 11,017 Thanks
    KeithP
    Just a quick update. They have sent a questionnaire indicating that they want to continue with the claim.

    Better get reading, I am correct in believing that my next step is to organise a witness statement with photographs (obviously reading&understanding a previous thread first).
    Originally posted by TPSTwats
    No, that's not correct.

    It might be a good idea to follow the suggestion made in post #27 above, just four days ago.
    .
    • TPSTwats
    • By TPSTwats 10th Nov 18, 9:19 PM
    • 19 Posts
    • 6 Thanks
    TPSTwats
    Thanks Keith. I have reread the thread of what needs to be done by when and will complete the form accordingly.

    For reference purposes:
    https://forums.moneysavingexpert.com/showthread.php?t=5546325
    • TPSTwats
    • By TPSTwats 15th Nov 18, 9:13 AM
    • 19 Posts
    • 6 Thanks
    TPSTwats
    Just noticed that the defense questionnaire has been completed by claimant. Do I need to wait for the court to send me my questionnaire or should i chase it through?
    • Umkomaas
    • By Umkomaas 15th Nov 18, 10:36 AM
    • 20,237 Posts
    • 31,923 Thanks
    Umkomaas
    Just noticed that the defense questionnaire has been completed by claimant. Do I need to wait for the court to send me my questionnaire or should i chase it through?
    Originally posted by TPSTwats
    I think the bargepole walkthrough in the sticky guides you on this.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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