County Court Claim Defence

[Shells]

Hello all
I'll try and keep this simple :

- I received a parking notice for parking in a loading bay.
- Signs were too small to read from the car and the parking warden in plain clothing photographed the car while the signs were being read.
- I'm in receipt of court claim papers now following failed appeals to Gladstones solicitors.
- My defence will be based on the poor signs plus the lack of any grace period being given by the warden present.

This loading bay has received attention form parking blogs and evidence of their enforcement methods are documented here

http://lbbspending.blogspot.co.uk/20...predatory.html

Any advice on how to draft a defence based on these points would be greatly appreciated.

[mystery1]

Re: County Court Claim Defence

Can you scan the claim form, pcn etc (sanitise them) ? Pics of signs ?

M1

[Shells]

Re: County Court Claim Defence

Thanks M1

Here are some scans of original pcn and court claim form. ( I have added arrows to the new sign erected by the landowner Genesis sometime after the parking notice was posted to the registered keeper - the new signs must have been put up after complaints from local residents/customers of the adjacent sainsbury's who use the loading bay for their store - these signs are very clear as to the parking conditions and are also lower down than pcms so easier to read)


http://lbbspending.blogspot.co.uk/20...predatory.html








I have filed acknowledgement of service to the court and will email my defence to Gladstones today or tomorrow with your help.

Please let me know if you require any further info.

Many thanks

[mystery1]

Re: County Court Claim Defence

Have you written to them regarding the garbage they pass as particulars of claim ?

M1

[Tusk]

Re: County Court Claim Defence

I've appealed twice - once to PCM and once to Gladstones letter before court and both were rejected.

I now understand Gladstones often post whatever their client sends them under particulars of claim and hope for the best.

I now have 24 hours to lodge a defence that rubbishes their claim for charges and hopefully I will hear no more from them or go on to defeat them in court.

I have photographic evidence of all the signs and I believe pcm have been defeated in court before based on this particular sign.

Please let me know what more I can provide to draft a defence. Many thanks again for your help.
Shells

[mystery1]

Re: County Court Claim Defence

Post all that up. (sanitised o personal info)

M1

[Shells]

Re: County Court Claim Defence

Thanks M1

You may have guessed that 'Tusk' and 'Shells' are one and the same person. I forgot I'd already registered here and logged in on my phone.

The pcm sign I'm referring to is already here in the link above to Mr Mustards blogpost on the same bay. My photos are the same but also I have time stamped pictures of the newly added Genesis signs which are far more clear and concise.

If I can get the basis of a defence drafted I can add these and also reference the anecdotal evidence already online relating to Heath Parade.

Probably most important that I draft a rejection of their particular of claims as soon as possible but I'm not sure how to word it.

[mystery1]

Re: County Court Claim Defence

Thanks M1

You may have guessed that 'Tusk' and 'Shells' are one and the same person. I forgot I'd already registered here and logged in on my phone.

The pcm sign I'm referring to is already here in the link above to Mr Mustards blogpost on the same bay. My photos are the same but also I have time stamped pictures of the newly added Genesis signs which are far more clear and concise.

If I can get the basis of a defence drafted I can add these and also reference the anecdotal evidence already online relating to Heath Parade.

Probably most important that I draft a rejection of their particular of claims as soon as possible but I'm not sure how to word it.

I meant this, really

I've appealed twice - once to PCM and once to Gladstones letter before court and both were rejected.

M1

[Shells]

Re: County Court Claim Defence

Sorry ? You mean it's not worth appealing again ?

[mystery1]

Re: County Court Claim Defence

No i meant i wanted to know what was said and when.

e.g. I got the claim form and wrote to Gladstones saying their claim was pish and/or i got a LBA and replied asking wtf ?

M1

[Shells]

Re: County Court Claim Defence

Right, I see..
I replied to the initial notice using a template letter from pepipoo rejecting their claim. Can't remember exact content of it but will dig it out when I get home.
Actually the LBA did not arrive but gladstones claim they sent one. I have a shared postbox and post goes missing alot. To be straight up I just need to reply to this before tomorrow 5pm. I thought the defence would be fairly straigtforward given the method of issuing the ticket and small print sign.

[mystery1]

Re: County Court Claim Defence

The case you present we'll deal with and, yes it should be enough. In court though, nothing is certain. This is why i'm investigating the best way to give us a chance of getting one of these





It would make no sense to ignore the utter shite they sent as a claim. Of course, if you ignored them until now, it doesn't help but it is how it is.


I think it's 16:00 btw.

M1

[Shells]

Re: County Court Claim Defence

Thanks M1
This loading bay has had hundreds of tickets issued and give or take a few details the majority of all drivers here followed the same pattern as in this case.. Driver pulls into bay and is photographed while still in car or while they are checking the signs. Also I did not ignore anything but debt collector letters and I've been determined to fight this every step of the way. Only the LBC was missed - the original ntk was replied to.

I'll filll out the form when home and post it back here then ?

[mystery1]

Re: County Court Claim Defence

When you got the court form, did you contact Gladstones at all ?

That's really al i'm asking.

I'll be around tomorrow to make a suggestion.

M1

[Shells]

Re: County Court Claim Defence

M1
I did contact Gladstones by phone after I found out that an LBC should have been sent. I did not receive one but doubt it would have mattered as they seem intent on taking every case to court. I called as the registered keeper and was told it was now a matter for the court.


A very very rough draft below, most of which was taken from a poster here.

Pretty sure most of this will need work but I really have no idea how to word it properly. If I can stick to the legalities and keep it as simple as possible I'll be happy.

And you're right it's 4pm the latest tomorrow. I'll be around all day to work on it.


Claimant: PARKING CONTROL MANAGEMENT LTD

Defendant: myname

PCN NO:
Date :
Location :
Vehicle REG:



The registered keeper of the above vehicle denies the claimant's charges for the alleged offence at Heath Parade Colindale NW9.


1. The claimant has failed to follow practice direction and produce a compliant letter before claim. The registered keeper received no letter before claim despite the claimant's claim to the contrary.
No exchange of information has taken place prior to the claim being filed. The brief particulars of the claim do not contain enough information about the claim for the defendant to understand the claim.


2. Inadequate Signage at Heath Parade NW9

The signage at Heath Parade, Colindale NW9 is inadequate as the parking 'contract' displayed on the signs is in font so small it is impossible to be read at ground level.
As such, any motorist parking at Heath Parade is required to leave their vehicle to read the signs before deciding whether or not to enter into any 'contract'
The registered keeper did not agree to enter into any contract at Heath Parade NW9 on the above date and left the loading bay after reading the signs.

2.2
The signs at Heath Parade NW9 have been updated since the date of the alleged offence. Genesis Housing, who I beleive to be the landowner of the loading bay have erected new signs below and directly next to the PCM signs.
These signs are directed toward the customers of the adjacent stores and read 'NO CUSTOMER PARKING AT ANY TIME'. They are clear and concise and leave the motorist in no doubt as to the parking restrictions at Heath Parade.


3. Grace Period
The registered keeper claims that the operator acting on behalf of PCM on the above date took photographs of the registered keepers vehicle while the registered keeper was attempting to read the signs and gave no warning or explanation of the parking terms.
(in breach of yada yada insert legal point here)


The claim is denied in its entirety except where explicitly admitted here. I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons, any one of which is fatal to the Claimant's case. 


4. The claimant has not provided enough details in the particulars of claim to file a full defence. In particular, the details of "parking services" supplied have not been provided, and the full details of the contract which it is alleged was broken have also never been provided.
5.. The claim is for a contract to supply "parking services". However, it is denied any services have been supplied or a contract to provide such services existed. 

6. Any consideration to the motorist of a grant of parking space flows from the landowner. The claimant has provided no evidence of possessory interest in the property.

7. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist. 

8. The Claimant’s has provide details of signs on which they rely for a unilateral contract which show the capacity in which the Claimant is acting. I put the Claimant to strict proof of their rights to offer "parking services" at that site.
9. The signage on the suggested site was insufficient at the time of the alleged incident.




11. If in the alternative, the claim is for breach of contract the Claimant may rely on the Supreme Court ruling, in ParkingEye v Beavis. In such cases, it is trite law that any charge is intended to put the recipient back in the position they were had the breach not occurred. If the charge is larger, as in this case, then it is a penalty and the whole charge is unenforceable unless the claimant can provide strict proof there is a commercial justification for such penal amount. 

12. The signs at the site are believed to show an amount of £60 but the claim includes a further sum of £156.02, which has not been identified. the Defendant put the Claimant to strict proof of the basis of this additional amount and how it was incurred, including details of any invoices or charges in support of their claim for this additional amount. 

13. A CPR Part 18 request for further information was made on the 22nd April 2016. To date the Defendant has not received the information requested or any response to my correspondence and therefore the has been unable to file an adequate defence. Consequently in the absence of any details the Defendant requests the court to consider to make an order for further information or to strike out the claim. 

14. If the court is not minded to strike out such deficient Particulars, the Defendant therefore will address any inaccuracies or misleading information in my Witness Statement, and Skeleton Argument. 
The above points will be explained fully in the Witness Statement, and Skeleton Argument, which I shall serve not later than 14 days before the date of any hearing. 



SIGNED: ___________________________________
DATED: ___________________________________