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Thread: Court Claim received

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  1. #1
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    Default Court Claim received

    Hi, I am new to all this and in need of advice re a court claim received for a PCN dated 5/4/16.
    The incident occurred when the driver went to collect a customer from the One Gym (who wasn't ready) and left the car park immediately, only to return fifteen minutes later to pick him up. The Parking charge is for twenty minutes in the car park, The ANPR has only taken the reg on entering and exiting once which is incorrect. This is a free car park but I have been back to take photo's of the signage which says a permit must be obtained from the Gym which is in fact entering your car reg into their device. Civil Enforcement Ltd have now sent a County Court Claim with Particulars of claim dated 22/02/17 which I have acknowledged online.
    I now believe I have to offer a defence within the next two weeks. I would like to dispute the fact that the driver was never parked, the signage has been deliberately placed at a height that when entering the car park it is completely missed, and the charges they are claiming for damages and abuse of a free car park has escalated to £329.26.
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    I have uploaded all the documents I have received and need help and advice with putting a defence together. Any advice will be appreciated.

  2. #2
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    Default Re: Court Claim received

    I'll get back to you.

    M1
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    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  3. #3
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    Default Re: Court Claim received

    Thanks M1 I'll upload parking signs as well.

  4. #4
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    Default Re: Court Claim received

    Photo evidence of parking signs, thanks M1
    Attached Thumbnails Attached Thumbnails iphone 100.jpg   iphone 102.jpg   iphone 103.jpg   iphone 105.jpg  

  5. #5
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    Default Re: Court Claim received

    This is the defence I have come up with ,can someone check it for me please.

    Court Particulars- Will insert here

    1. I am the defendant xxx dob xxx and reside at xxx

    2. Save as specifically admitted in this defence the Defendant denies each and every allegation set out in the particulars of claim or implied in Pre action correspondence.

    3. I put the claimant to strict proof that it issued a compliant notice under schedule 4 of the Protection of Freedoms Act 2012. Absent such a notice served within 14 days of the parking event and with fully compliant statutory wording, this claimant is unable to hold me liable under the strict "keeper liability provisions.

    4. Paragraph 1 is outside the defendants knowledge. The Claimant is put to strict proof that they have in fact a valid interest in the land and are allowed to operate upon it.

    5. The claimants legal representative, as per the claim form and particulars of claim, is under control of practice and can only operate as an employee as approved by the solicitors regulation authority and they have indicated that they hold no such request nor have granted such.

    .

    The Claim.

    6. Paragraphs 1 & 2 are outside my knowledge. The claimant is put to strict proof.

    7. Paragraph 3, the claimant is put to strict proof. I was not the driver of my vehicle. Para 90 of Parking Eye Ltd v Beavis makes it pretty clear that the signs should be large prominent and legible and obviously means that each car park is distinct and the claimant is put to proof that they have sufficient signage.

    8. Paragraph 4 -The claimant is put to proof that those were the terms, they were prominent, large and legible. If these were the terms and the signs did not offer parking unless you obtained a permit then no offer was made . Without an offer no contract could be agreed and no contractual penalty enforced.

    9. Paragraphs 5 & 6 are not admitted. The claimant is put to proof that the defendant was driving. It is noted that the pleadings do not mention the protection of freedoms act and therefore there is no keeper liability.

    10. Paragraph 7 is legal argument and is neither admitted nor denied as it is not an allegation. The quoted case is easily distinguishable from the matter at hand as it was a free car park and not a paid car park as the schedule of information indicates this is. The charge is an unenforceable penalty and an unfair charge both of which are proven by Parking Eye LTD v Beavis.

    Damages for breech of contract can only put the claimant back in the position they would have been in had the breech not occurred. In a free car
    park, the damages would therefore be little o

    11. Paragraph 8. The claimant is put to proof that they have any right to escalate the costs. The claimant had the choice not to litigate.




    Statement of Truth


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

  6. #6
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    Default Re: Court Claim received

    I'v got it in my pile to do. Needs a bit more than that to cover the signs etc.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  7. #7
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    Default Re: Court Claim received

    Maza43.rtf

    Edit to suit.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  8. #8
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    Default Re: Court Claim received

    Thankyou for giving up your time to look at this M1. I have emailed the docs to the court and will let you know how I get on. Very much appreciated, I was going a little stir crazy trying to piece together all the information I had gathered.

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