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**WON!!!!!** County Court claim letter over parking fines

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  • #16
    Re: County Court claim letter over parking fines

    Here are the PoCs:

    1. The Claimant is, and was at all material times, a private parking company, managing at the locations listed in the below paragraphs pertaining to contraventions ('the site(s)).

    2. The Defendant is and was at all material times an individual/company and was the registered keeper of driver of all the vehicle(s) with registration number(s) *******.

    3. The Defendant has admitted that they were the driver of the vehicle for the contraventions listed below and/or in the event that the Claimant has been unable to identify the driver of the vehicle the Claimant has complied with the provisions of paragraph 4(2) of Schedule 4 of the Protections of Freedoms Act 2012 and has the right to bring this claim against the registered keeper under paragraph 4(1) of Schedule 4 of the same Act, being the Defendant.

    4. For each contravention listed below, parking at each of the specified sites was offered subject to the Claimant's terms and conditions, which where clearly displayed on signage throughout the site. These terms and conditions were accepted by the driver of the vehicle when they parked their vehicle at the specified sites ('the agreement') and the Defendant was therefore bound by the same in their capacity as driver of the vehicle. It was a term of the agreement that in the event of breach of the terms of parking, a PCN would be issued & sum be payable. Am I right in saying that this is the 'contract' element of my defence?

    5. The Defend
    ant has failed to pay the sums owed in respect of the aforementioned PCN's.

    6. In the circumstances, the Claimant has suffered loss and/or damage due to the Defendant's failure to pay the charges.

    This is followed by 9 contraventions, each detailing that 'the driver of the vehicle breached the terms of the agreement by parking in a designated 'Pay and Display' parking space and not clearly displaying a valid ticket.

    I've also contacted the University who say that they have a contract with UKPC - would it be up to UKPC to prove this?

    Comment


    • #17
      Re: County Court claim letter over parking fines

      It is up to the claimant to prove anything that you do not admit, yes.

      Have you acknowledged service ?

      I would request they replead the particulars as they fail to adhere to the rules and when they are served separate to the claim form they should contain a copy of the written contract (the signs in this case).


      Dear BW Legal,


      I am in receipt of your court claim xxxxxxx. I feel i must ask you to comply with the civil procedure rules and rectify the glaring procedural improprieties.


      Your claims fails to adhere to the rules and is unclear and deficient.


      CPR 16




      Contents of the claim form
      16.2
      (1) The claim form must –
      (a) contain a concise statement of the nature of the claim




      Contents of the particulars of claim
      16.4
      (1) Particulars of claim must include –
      (a) a concise statement of the facts on which the claimant relies;




      Practice direction 16




      Other matters to be included in particulars of claim


      7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

      You do not specify whether your claim is against the driver or the keeper, do not state what term was breached, does not say what damages or loss you seek and your particulars of claim do not have a copy of the contract with them.





      I would ask you present a properly pleaded coherent caseby return. Should you require extra time i am willing to agree to an extension for the period for filing my defence pursuant to CPR 15.5 of 28 days.




      I await your response.




      Yours etc


      Send by email if possible and give them around 7 days. If they do not respond by the deadline you choose to give them let me know.


      M1

      Comment


      • #18
        Re: County Court claim letter over parking fines

        Originally posted by mystery1 View Post
        It is up to the claimant to prove anything that you do not admit, yes.

        Have you acknowledged service ?

        I would request they replead the particulars as they fail to adhere to the rules and when they are served separate to the claim form they should contain a copy of the written contract (the signs in this case).


        Dear BW Legal,


        I am in receipt of your court claim xxxxxxx. I feel i must ask you to comply with the civil procedure rules and rectify the glaring procedural improprieties.


        Your claims fails to adhere to the rules and is unclear and deficient.


        CPR 16




        Contents of the claim form
        16.2
        (1) The claim form must –
        (a) contain a concise statement of the nature of the claim




        Contents of the particulars of claim
        16.4
        (1) Particulars of claim must include –
        (a) a concise statement of the facts on which the claimant relies;




        Practice direction 16




        Other matters to be included in particulars of claim


        7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

        You do not specify whether your claim is against the driver or the keeper, do not state what term was breached, does not say what damages or loss you seek and your particulars of claim do not have a copy of the contract with them.





        I would ask you present a properly pleaded coherent caseby return. Should you require extra time i am willing to agree to an extension for the period for filing my defence pursuant to CPR 15.5 of 28 days.




        I await your response.




        Yours etc


        Send by email if possible and give them around 7 days. If they do not respond by the deadline you choose to give them let me know.


        M1
        Thanks Mystery1.

        So, I send this to SCS Law, and then start to prepare my defence?

        If I'm correct, my defence will be around the basis of the sign not being a contract.

        Please correct me if I'm wrong.

        Comment


        • #19
          Re: County Court claim letter over parking fines

          Originally posted by jord22 View Post
          Thanks Mystery1.

          So, I send this to SCS Law, and then start to prepare my defence?

          If I'm correct, my defence will be around the basis of the sign not being a contract.

          Please correct me if I'm wrong.

          Sounds like it, but we really need to know what the sign says. If there is an option to pay, for example, then it's going to be about penalties/unreasonable charges.

          M1

          Comment


          • #20
            Re: County Court claim letter over parking fines

            Originally posted by mystery1 View Post
            Sounds like it, but we really need to know what the sign says. If there is an option to pay, for example, then it's going to be about penalties/unreasonable charges.

            M1
            I'll be able to get an image of the sign over the next couple of days as I'm not actually in my home city at the moment. I'll get this sent off to SCS Law.

            Comment


            • #21
              Re: County Court claim letter over parking fines

              Originally posted by jord22 View Post
              I'll be able to get an image of the sign over the next couple of days as I'm not actually in my home city at the moment. I'll get this sent off to SCS Law.
              Here's a picture of the sign Mystery1.
              Attached Files

              Comment


              • #22
                Re: County Court claim letter over parking fines

                Here's the reply I've had from SCS Law:

                We write further to your email of 17 October 2016.

                We disagree with your assertions that our claim form and particulars of claim fail to adhere to CPR 16.

                A concise statement of the claim is precisely what has been provided on the claim form. Our claim form states that the claim has been brought against you to recover sums owed in respect of unpaid parking charge notices incurred as a result of your breach of the terms and conditions of parking at a site managed by our client.

                The particulars of claim are also clear. Our client has pursued this claim against you as the registered keeper of the vehicle to recover unpaid parking charge notices incurred as a result of your vehicle having been parked in a designated pay and display space without clearly displaying a valid ticket (the terms breached) on each occasion specified, which was in breach of the terms and conditions of parking set out on signage. We refer you to paragraph 2, 3, 4 and sub paragraphs 4.1 to 4.7 of our particulars of claim which sets this out.

                Sub paragraphs 4.1 to 4.7 go on to particularise the terms breached, the location of each breach and the amounts owed in relation to each breach. The damages/loss our client seeks are the sums owed from the parking charge notices issued to your vehicle which remain unpaid. This is stated at paragraphs 5 and 6 and also set out in the particulars of loss.

                There is no requirement in CPR 16 that the particulars of claim be accompanied by evidence at this stage of the proceedings. Our client will in due course file the evidence it is seeking to rely on in advance of any hearing on this matter.

                For the avoidance of doubt, we will not be amending our particulars of claim and therefore advise that you duly file your defence within the required time frame for doing so.

                Comment


                • #23
                  Re: County Court claim letter over parking fines

                  Originally posted by jord22 View Post
                  Here's the reply I've had from SCS Law:

                  We write further to your email of 17 October 2016.

                  We disagree with your assertions that our claim form and particulars of claim fail to adhere to CPR 16.

                  A concise statement of the claim is precisely what has been provided on the claim form. Our claim form states that the claim has been brought against you to recover sums owed in respect of unpaid parking charge notices incurred as a result of your breach of the terms and conditions of parking at a site managed by our client.

                  The particulars of claim are also clear. Our client has pursued this claim against you as the registered keeper of the vehicle to recover unpaid parking charge notices incurred as a result of your vehicle having been parked in a designated pay and display space without clearly displaying a valid ticket (the terms breached) on each occasion specified, which was in breach of the terms and conditions of parking set out on signage. We refer you to paragraph 2, 3, 4 and sub paragraphs 4.1 to 4.7 of our particulars of claim which sets this out.

                  Sub paragraphs 4.1 to 4.7 go on to particularise the terms breached, the location of each breach and the amounts owed in relation to each breach. The damages/loss our client seeks are the sums owed from the parking charge notices issued to your vehicle which remain unpaid. This is stated at paragraphs 5 and 6 and also set out in the particulars of loss.

                  There is no requirement in CPR 16 that the particulars of claim be accompanied by evidence at this stage of the proceedings. Our client will in due course file the evidence it is seeking to rely on in advance of any hearing on this matter.

                  For the avoidance of doubt, we will not be amending our particulars of claim and therefore advise that you duly file your defence within the required time frame for doing so.
                  Mystery1, are you able to provide your expertise on this please? I have to start building my defence now I believe.

                  Comment


                  • #24
                    Re: County Court claim letter over parking fines

                    My suggestion. Edit to suit.

                    jord22def.rtf

                    M1

                    Comment


                    • #25
                      Re: County Court claim letter over parking fines

                      Fantastic Mystery1, thank you very much. Send as it is, just with my details edited?

                      Comment


                      • #26
                        Re: County Court claim letter over parking fines

                        I'd say so.

                        M1

                        Comment


                        • #27
                          Re: County Court claim letter over parking fines

                          Hi Mystery1.

                          Just an update on where I am and your kind advice if you would:

                          I have received a 'Notice of Proposed Allocation to the Small Claims Track'.

                          I have no got to fill in a Small Claims Track Questionnaire and there's also an EX370 form which is titled 'Would you like to settle your case without going to a court hearing'.

                          Is this just a formality? I'd rather not go to court, and settle out of court, however, I don't feel that they are going to back down out of court.

                          Any advice on the next steps?

                          Comment


                          • #28
                            Re: County Court claim letter over parking fines

                            Unless you come to a settlement you should be prepared to go to court. How much that'll cost you is anybodies guess. They probably won't drop it.

                            That form is self explanatory so just fill it in and send 1 copy to court and 1 to SCS Law.

                            M1

                            Comment


                            • #29
                              Re: County Court claim letter over parking fines

                              Originally posted by mystery1 View Post
                              Unless you come to a settlement you should be prepared to go to court. How much that'll cost you is anybodies guess. They probably won't drop it.

                              That form is self explanatory so just fill it in and send 1 copy to court and 1 to SCS Law.

                              M1
                              Well realistically I don't know what my chances are of winning. Plus, I get the opinion they won't want to settle for anything less than what they're 'claiming' for.

                              What do you think my best option is?

                              Comment


                              • #30
                                Re: County Court claim letter over parking fines

                                Well realistically I don't know what my chances are of winning.
                                http://parking-prankster.blogspot.co...ladstoned.html

                                Pretty decent.

                                Plus, I get the opinion they won't want to settle for anything less than what they're 'claiming' for.

                                What do you think my best option is?
                                As costs are limited in the small claims track you are not very likely to have more to pay than claimed. In fact with the inflated costs already added it's possible even if you lose it'll cost you less.

                                I would proceed with defending.

                                M1

                                Comment

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