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  • FIRST POST
    • Readytowin
    • By Readytowin 28th Jun 19, 12:14 PM
    • 27Posts
    • 8Thanks
    Readytowin
    Defence assistance
    • #1
    • 28th Jun 19, 12:14 PM
    Defence assistance 28th Jun 19 at 12:14 PM
    Hi all,

    I hope you can help, I've left this a little late but as I've been out of the country I've not had much time to sort this out.

    A brief overview:

    - National Car Parks Ltd, vehicle arrived on car park, left after 14 minutes, presume that this was due to not finding a space, unknown who the driver was, could have been registered keeper (me) but could also have been someone else who uses the vehicle occasionally, unknown now as the offence date was December 2018
    - Letters received from NCP with the PCN were ignored, BW Legal have now issued to court
    - SAR was requested on 15/06 from BW Legal as I now have none of the original letters sent, also due to being out of the country dont have ability to revisit the location to take pictures of the signs, but have some distant visibility of them on Google maps
    - Issue date of Claim Form is 05/06/19
    - AOS has been completed online
    - Now trying to write a sufficient defence, which I think needs to be done by next week

    Please let me know any questions about the situation that I havent covered, and let me know your thoughts on the defence I've created by going through the stickys over the last week? My main concern is claiming that I know that the vehicle wasnt parked when I claim that I dont know who the driver was? Appreciate your help anyway:

    IN THE COUNTY COURT

    CLAIM No: XXXXXXX

    BETWEEN:

    NATIONAL CAR PARKS LIMITED (Claimant)

    -and-

    XXXXXX (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 XXXXXX, of which the Defendant is the registered keeper, was present but not parked on the material date in the car park allocated to Company National Car Parks Limited at XXXXXXXX. Due to the tightly spaced nature of the car park, other vehicles were stuck and had to manoeuvre themselves out of the way, through a large line of traffic already waiting to arrive, in order for other vehicles to leave their spaces. No space was found by the driver of the vehicle XXXXXX on the day, so after waiting for some time they chose to leave without finding a space.

    3. The Particulars of Claim state that it is in relation to a parking contravention, where there is no evidence that the vehicle was parked in the car park at all – only that it entered the car park then left 14 minutes later.

    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. The terms on the Claimant's signage are 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.

    6. The terms on the Claimant's website under section 5.4 state:
    “By parking your vehicle in the Car Park you consent to us capturing, using and processing your VRM and personal details via CCTV and ANPR for enforcement purposes, to calculate the relevant parking tariff (if applicable) and to recover any outstanding Parking Charge. This includes our right to request and obtain the details of a vehicle’s registered keeper from the DVLA.”
    As the driver did not park, this would therefore not fall under the terms and conditions of which the Claimant states.

    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.

    9. Under the British Parking Association Code of Practice, Version 7, Section 13, 13.1, states that drivers must have the chance to read the terms and conditions before they enter into a ‘parking contract’. If, having had that opportunity, they decide not to park but choose to leave the car park, they must be provided with a reasonable grace period to leave, as they will not be bound by a parking contract. The vehicle was present at the location for under 15 minutes and did not park – this time was taken by the vehicle searching for a space, waiting for others to leave.

    10. 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
    Last edited by Readytowin; 28-06-2019 at 5:25 PM.
Page 3
    • Coupon-mad
    • By Coupon-mad 14th Aug 19, 7:44 PM
    • 80,775 Posts
    • 95,417 Thanks
    Coupon-mad
    they want to settle outside of court. Total was 242.24 but they want to offer me to pay 180 within 14 days to close it. Offer expires on 19th August.
    Normal, ignore it. Cannot affect you in court as Without Prejudice offers can't be discussed at the hearing.

    It also says that a lot of my defence is “nonsensical” and “clearly copied and pasted” so I cannot declare that it is truthfully my defence!!!
    As I said to someone only an hour ago or so, rather than waiting on your thread for us to reply, it would have been quicker to search the forum for that word, 'nonsensical'!

    You will see what I mean when you do.
    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
    • Readytowin
    • By Readytowin 15th Jan 20, 5:24 PM
    • 27 Posts
    • 8 Thanks
    Readytowin
    Notice of allocation to the Small Claims Track
    Hi everyone! So I have progression on my case...
    I have received a "Notice of allocation to the Small Claims Track"... it says the claimaint needs to pay a fee and if it isnt paid then the claim will be struck out... I'm assuming thats normal and that they will pay.

    So just to check this all sounds usual and the next step is to send my witness statement and evidence within 14 days before the court date right?

    A link to the front covering letter of the notice can be found here: https://ibb.co/6R2pDNW
    • Le_Kirk
    • By Le_Kirk 15th Jan 20, 5:35 PM
    • 8,027 Posts
    • 9,116 Thanks
    Le_Kirk
    All very standard. You file and serve according to the instructions (sometimes on the back of the letter). Don't assume it is 14 days and, particularly as there are only about 21 days to go, get cracking on the WS and evidence.
    Last edited by Le_Kirk; 15-01-2020 at 5:37 PM.
    • Readytowin
    • By Readytowin 15th Jan 20, 5:36 PM
    • 27 Posts
    • 8 Thanks
    Readytowin
    Perfect! Thank you. Just to confirm, this one does still say 14 days.
    Will keep this updated! Court date is in March. Wish me luck!
    • Le_Kirk
    • By Le_Kirk 15th Jan 20, 5:39 PM
    • 8,027 Posts
    • 9,116 Thanks
    Le_Kirk
    Perfect! Thank you. Just to confirm, this one does still say 14 days.
    Will keep this updated! Court date is in March. Wish me luck!
    Originally posted by Readytowin
    OK, if only I could count - missed out a whole month there! Good luck. Don't forget to post your WS and evidence here for critique if you want.
    • Castle
    • By Castle 15th Jan 20, 5:44 PM
    • 2,479 Posts
    • 3,539 Thanks
    Castle
    OK, if only I could count - missed out a whole month there! Good luck. Don't forget to post your WS and evidence here for critique if you want.
    Originally posted by Le_Kirk
    Perfect for a job at POPLA.
    • Coupon-mad
    • By Coupon-mad 16th Jan 20, 1:21 PM
    • 80,775 Posts
    • 95,417 Thanks
    Coupon-mad
    In the meantime, you may have missed a trick due to your absence, hope I am wrong.

    You've not been here since August, so unless you've been keeping up with the forum (I hope you have) you maybe missed what happened at Southampton court, that you can use against the falsely added 60 in your own case (read the thread by CEC16) and you may have also missed that we always now tell people to file & serve their costs schedule in advance, too.

    Also read wins, by keyword search: ANOTHER ONE BITES THE DUST
    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
    • Readytowin
    • By Readytowin 17th Jan 20, 3:37 PM
    • 27 Posts
    • 8 Thanks
    Readytowin
    Thank you so much for the replies, and not to worry about the mistake with time frame Le_Kirk, it's January, no one knows where they are for the first few weeks of the year! Haha.

    Thanks Coupon-mad for the info, I hadnt seen the Southampton case, I will look it up. Also will be aware to make a note of my costs in advance...

    I will do some digging / updating myself on threads, write a witness statement and definitely post here for critique.

    Thanks again!!
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