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County Court Claim Defence

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  • #16
    Re: County Court Claim Defence

    My suggestion.

    M1





    IN THE [TOWN]
    COUNTY COURT
    CASE No.
    BETWEEN
    [IVOR PROBLEM]
    Claimant
    AND
    [JUSTIN TIME]
    Defendant
    DEFENCE



    1. I am the Defendant, xxxxx, DOB xx/xx/xxxx, and reside at xxxxxxxxx
    2. Save as specifically admitted in this defence the Defendant denieseach and every allegation set out in the Particulars of Claim, orimplied in Pre action correspondence.

    Preliminary matters

    3. The Claimant’s Particulars of Claim disclose no legal cause ofaction and they are embarrassing to the Defendant as the Claimant'sstatement of case is insufficiently particularised and does notcomply or even attempt to comply with CPR part 16 and practicedirection 16 7.5. In this regard I wish to draw the Courts attentionto the following matters;
    (a) The Particulars of Claim are vague and insufficient and do notdisclose an adequate statement of facts relating to or proceeding thealleged cause of action. No particulars are offered in relation tothe nature of the any agreement. the method the Claimant calculatedany outstanding sums due, how they became due, or any other mattersnecessary to substantiate the Claimant's claim.
    (b) Upon receipt of the claim the claimant was contacted by thedefendant and asked to replead the claim to correct the deficiencies,but refused to do so.
    (c) The over riding objective of the CPRs dictates that the caseshould be handled at a proportionate cost. The defendant recognisesthis duty and refrains from making an application for summaryjudgement at a cost which exceeds the claims value but asks the courtto strike the claim out under it’s powers, of it’s own motion.
    The case

    4. The particulars of claim state :- --date--description-amount-duedate 160915 xxxxxxxxxxxx £150. The defendant can neither admit nordeny this as it is unintelligible. If the £150 is for a parkingcharge then it is submitted that it is a penalty which isunenforceable in law and exceeds the stated maximum of the accreditedtrade association.
    5. The claimant is put to strict proof that they are entitled to £150plus interest as claimed. The defendant did not enter a contract.

    6. 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. Further once readable they are forbidding and only offer a contract to "authorised vehicles" for the purposes of loading. To form a contract one must be able to read and accept the offer and such a wall of text placed in such a position cannot be read from a moving, or even stationary, vehicle. Vine v Waltham Forest London Borough Council [2000] , Parkingeye v Beavis 2015 uksc 67

    Statement of Truth

    I believe that the facts stated in this Defence are true.

    Dated this 27th day of September 2016

    Comment


    • #17
      Re: County Court Claim Defence

      M1 I can't thank you enough for this. This is the kind of thing I'd have no clue how to write !
      Sincerest thanks for your time and help here.

      I will send this after adding the relevant personal info but after checking the BOPA code pf practice 2014 thought I might add the below

      Point 13.2 seems relevant and pcm were clearly in breach here
      Also point 18.3 of the signage code is maybe relevant too ?

      I'm about ready to send now shall I add these points or no?

      From the BOPA Code of practice (2014 version)

      13 Grace periods

      13.1 Your approach to parking management must allow a
      driver who enters your car park but decides not to park,
      to leave the car park within a reasonable period without
      having their vehicle issued with a parking charge notice.
      13.2 You should allow the driver a reasonable ‘grace period’
      in which to decide if they are going to stay or go. If the
      driver is on your land without permission you should still
      allow them a grace period to read your signs and leave
      before you take enforcement action.
      13.3 You should be prepared to tell us the specific grace period
      at a site if our compliance team or our agents ask what it is.
      13.4 You should allow the driver a reasonable period to leave
      the private car park after the parking contract has ended,
      before you take enforcement action.

      14 Misrepresentation of authority


      18.3 Specific parking-terms signage tells drivers what your
      terms and conditions are, including your parking charges.
      You must place signs containing the specific parking
      terms throughout the site, so that drivers are given the
      chance to read them at the time of parking or leaving
      their vehicle. Keep a record of where all the signs are.
      Signs must be conspicuous and legible, and written in
      intelligible language, so that they are easy to see, read
      and understand.

      19.3 If the driver breaks the contract, for example by not
      paying the tariff fee or by staying longer than the time
      paid for, or if they trespass on your land, they may be
      liable for parking charges. These charges must be shown
      clearly and fully to the driver on the signs which contain
      your terms and conditions.

      Comment


      • #18
        Re: County Court Claim Defence

        Were they in the BPA at the time ? 010414 is when they joined the IPC i gather. All you need to do is make the point in the defence. The whole spiel can then be made using your written or oral argument later.

        6. 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. Further once readable they are forbidding and only offer a contract to "authorised vehicles" for the purposes of loading. To form a contract one must be able to read and accept the offer and such a wall of text placed in such a position cannot be read from a moving, or even stationary, vehicle. The BPA/IPC code of practice dictates a grace period must be allowed to cover such a scenario Vine v Waltham Forest London Borough Council [2000] , Parkingeye v Beavis 2015 uksc 67

        M1

        Comment


        • #19
          Re: County Court Claim Defence

          The BPA code I quoted is the 10/12 version so PCM would have been members since 04/12 and should be relevant.

          But you're suggesting just mail the original draft and save these arguments for a later court date ?

          Comment


          • #20
            Re: County Court Claim Defence

            Yes but were they members ? I don't know what date the ticket was issued so i can't say. Before 1/4/14 they were members of BPA after that they were members of IPC.

            Otherwise i posted a slight edit to number 6 which you need to edit depending on which parking association they were in at the time.

            M1

            Comment


            • #21
              Re: County Court Claim Defence

              Ticket was issued early 2016, so they would be members of the IPC and I'm quoting the wrong code of practice ?

              Comment


              • #22
                Re: County Court Claim Defence

                Yes.

                6. 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. Further once readable they are forbidding and only offer a contract to "authorised vehicles" for the purposes of loading. To form a contract one must be able to read and accept the offer and such a wall of text placed in such a position cannot be read from a moving, or even stationary, vehicle. The IPC code of practice dictates a grace period should be allowed to cover such a scenario Vine v Waltham Forest London Borough Council [2000] , Parkingeye v Beavis 2015 uksc 67

                M1

                Comment


                • #23
                  Re: County Court Claim Defence

                  Thanks again ! All sent so will see what happens.

                  Comment


                  • #24
                    Re: County Court Claim Defence

                    So I finally received the Directions Questionnaire (Small Claims Track) form N180

                    I'm guessing I refuse mediation and request an oral hearing in court. Also, what reasons do you give for the case not to be allocated to small claims and do you just choose your nearest county court for the hearing ?

                    Many thanks

                    Comment


                    • #25
                      Re: County Court Claim Defence

                      Go with mediation to look reasonable. the case should be allocated to small claims. Nearest court is correct.

                      M1

                      Comment


                      • #26
                        Re: County Court Claim Defence

                        [MENTION=92287]Shells[/MENTION] [MENTION=5354]mystery1[/MENTION] how did it go?I'm in a similar situation (will start a separate thread)...just interested to know how it ended!

                        Comment

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