Scs uk parking control ccj claim form help!!!

[JJ226699]

Okay so AoS has been sent off so I have until 4th of June to perfect my defence...
I have worked on my defence some more & i’m just going to send in a couple of paragraphs that is my own words instead of off the templete.. a read through & any pointer would go along way! I’m not really sure how to start talking about another issue that i’m going to further expand on in my witness statement other than ‘the driver states’ any ideas?

thanks!!

1. The signage on said site is forbidding and is not offering a contract to park for unauthorised drivers;with no contract there can be no breach and therefore no charge. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. This therefore means that there was never a contractual relationship. The defendant refers you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

1. There is a clear lack of adequate signage in the middle of the site where the driver states the pcns were recieved.The driver states they had no reason to believe they agreed to a contract due to signage being posted on the buildings of said site yet no signage in the middle of the site where photos from the claimant where taken.

1. Confusing signage at said site. The signage mentions prohibited parking ‘on yellow lines or in an area with hatched markings’; wording taken from a sign at Epsom business park, Kiln Lane. Again, from photos taken from the claimant it is evident that this was not breached. Nor was the driver on a yellow line nor in a hatched area.

1. The driver states there was no allocated sign to where said vehicle was parked;there is no sign confirming for what this space is used for be it customer parking or permit parking only. Some of the markings were in yellow, some in white making it very difficult to distinguish for what purpose this parking spot actually served.

1. The driver also states poor floor markings made it difficult to judge where the boundaries were in the parking site, as backed up by the claimants photos of the defendants vehicle ,it is evident there is a lack of upkeep of the parking site.

[ostell]

You have copied that text about forbidding signage without reading or understanding, in your case permits were not in play

[JJ226699]

Not sure I understand, permits were required to park on the site; so would I change the text to ‘not offering a contract to non permit holders’ ?

[JJ226699]

Hi guys I need some help..

so after sending my defence & receiving an acknowledgment from HM courts and tribunals,

This was June & I hadn’t heard anything back since.


I have now just had a letter through the door from SCS law on behalf of UKPC with a copy of a general directions order, saying the application to lift the stay has been granted?!

With a copy of the application notice, the reasoning behind this is that the defence was not received by the claimant which cause lapse of time to cause the application to be stayed.

From the evidence box on the application notice they claim they wrote to the court asking for the evidence which the court responded they already sent it.

whose fault it this? The courts? & most importantly where does this leave me?!

It also states I can within 7days of the order apply to the court to set aside or to vary the order?

Is this my best move?

They also included a directions questionnaire ( small claims track)

what do I do?

[MIKE770]

ostell