I received a County Court Claim letter. The claimant is Parking Control Management. It says £100 for PCN, £70 contractual costs pursuant to contract, statutory interest £7.83 pursuant to s69 of County Courts Act 1984 at 8% per annum continuing at £0.04 per day plus £35 court fee plus £50 legal representatives cost, total claim £262.83.
The claimant claim is against myself as the defendant.
Stating the driver of vehicle .. parked in breach of the terms of parking stipulated on the signage (the ‘Contract’) on 11/10/2021 at Royal Wharf E16.
I intend to respond disputing the claim with the defence that (1) The defendant was not the driver of this vehicle and the defendant has witnesses to verify the defendant was not at this location on the date in question and not the driver of this vehicle.
(2) The defendant has never consented to any contract with Parking Control Management
(3) The claimant has never provided the defendant a letter by post, email or by any other form of correspondence an invoice, a parking charge notice or a contract with there contract terms.
This is the first time I’ve received a county court claim letter. I am not sure if my defence is adequate but if needed I can provide the courts with written witness statements to confirm I was not the driver or anywhere near the location in question.
I am the keeper of the car but have since sold the car. I do know who the driver was and have been told by the driver that they had a parking permit issued to them by the place where they work to park there car there. I am not sure if I should state the details of who the driver was at the time and the fact they had a parking permit because the basis of the claim is against the driver which they claim was myself ( the defendant) but I was not the driver and the claimant has not requested that if the defendant was not the driver then to provide the name and address of the driver.
Any advise to my drafted response disputing the claim before I send it recorded delivery to the County Court would be appreciated as I do not know if my defence 1 to 3 is sufficient.
I was also considering to add that I reserve my rights to submit at a later date a counter claim against the claimant for cost I had incurred such as postage and my charges for my time administering this.
The claimant claim is against myself as the defendant.
Stating the driver of vehicle .. parked in breach of the terms of parking stipulated on the signage (the ‘Contract’) on 11/10/2021 at Royal Wharf E16.
I intend to respond disputing the claim with the defence that (1) The defendant was not the driver of this vehicle and the defendant has witnesses to verify the defendant was not at this location on the date in question and not the driver of this vehicle.
(2) The defendant has never consented to any contract with Parking Control Management
(3) The claimant has never provided the defendant a letter by post, email or by any other form of correspondence an invoice, a parking charge notice or a contract with there contract terms.
This is the first time I’ve received a county court claim letter. I am not sure if my defence is adequate but if needed I can provide the courts with written witness statements to confirm I was not the driver or anywhere near the location in question.
I am the keeper of the car but have since sold the car. I do know who the driver was and have been told by the driver that they had a parking permit issued to them by the place where they work to park there car there. I am not sure if I should state the details of who the driver was at the time and the fact they had a parking permit because the basis of the claim is against the driver which they claim was myself ( the defendant) but I was not the driver and the claimant has not requested that if the defendant was not the driver then to provide the name and address of the driver.
Any advise to my drafted response disputing the claim before I send it recorded delivery to the County Court would be appreciated as I do not know if my defence 1 to 3 is sufficient.
I was also considering to add that I reserve my rights to submit at a later date a counter claim against the claimant for cost I had incurred such as postage and my charges for my time administering this.
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