County Court Claim for parking charge notice

[Si19]

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.

[ostell]

They are claiming from you as the registered keeper, which they are allowed to do.

SAR to PCM requesting all the information they have on this matter

CPR 31.14 request to the solicitors requesting ll the document they intend to use in court, ie the alleged contract .

You acknowledge the claim using the details and password on the form. If you acknowledge within day 5 of the issue date of the form then you have 28 dys from th date of ack to get your defence to the court otherwise 33 days frrm the date of issue.

If your driver can produce evidence that there was a valid permit in existance on the day of the event then produce it.

You can't counter claim for costs.

[Si19]

Ostel thanks for your reply.
I have posted to the county court the form acknowledging the claim as the link they provided to enter user name and password did not work. Sent recorded delivery signed for on receipt. I’ve tried calling the County Court but after 30 minutes waiting to be connected to a representative gave up trying to get through.

As I never received any letters from from PCM inviting the keeper to pay the parking charge or inviting the keeper to inform PCM who the driver is can I use this in my defence?

The driver was a family member insured to drive the car and her company where she works issued her a parking permit to park there car at the location PCM refer to. But she does not have the permit any more as she returned it since she is now on maternity leave.

I have sent a SAR to PCM but I do not know who there Solicitors are to send a CPR 31.14 request. There is no details given of there Solicitors in the County Court letter.
I have never received a letter from PCM about the parking charge. The only letter I have received is the County Court Claim letter.

In my defence I’m not sure now what to write. I did read on another thread posted advise given to state they failed to give keeper liability warnings required by 9(2)(f). I think that’s referring to the claimant failing to comply with the requirements of schedule 4 of the protection of Freedoms Act 2011 to be able to transfer liability for the event from driver at the time to the defendant, the keeper? Can I refer in my defence these clauses?

I checked the claim and it does state “the claimant claims the unpaid PCN from the Defendant as the driver/keeper of the vehicle. Despite demands being made the Defendant has failed to settle their outstanding liability “.
But I have never received any demands from PCM.

Although its probably not relevant I had sold my car about 2 months ago not aware of any parking charge notices.

I would be grateful for guidance to writing a suitable defence I can make. I think I have until 12th July to file a defence to the County Court.

The SAR to PCM is likely to take 1 month for a reply.

Many thanks.

[Si19]

Further to my last posting, I realized the County Court Letter includes the solicitors contact details so I will send them a CPR31.14 request today and a SAR to the Parking Control Management (PCM).

I would be grateful for any advise or direction on what I can state in my defense, given I was not the driver but am the keeper and I received no letters or demands for parking charge from PCM

Many thanks

[Si19]

I received a reply from the Solicitors. They sent me photos of the car and the driver who was not myself has not got there car parking permit on the windscreen. It had fallen onto the passenger seat.
They also provided a picture of the signage which reads terms & conditions. It states breach of any term or condition will result in the driver being liable for a parking charge of £100. It goes on to refer to legal charges and result of debt and/ or legal recovery being added. It says the driver will be liable for any outstanding charges.
I have 2 witness statements that state I was not the driver and I was with them in a completely different town on the day of the incident.
Also the driver can obtain a copy of the permit issued to them by there employer.
I never received a PCN or a letter demanding payment from the parking company.
The Solicitors have written that they have requested the documents I have asked from the Client and will send them in due course and that the case is currently on hold until they are able to fulfil my request for documents.
I take it the solicitor is referring to the SAR I sent to the parking company.
I would appreciate any guidance what further I can do and how to proceed with my defence, this is the first time I’ve received a County Court Claim snd have read a number of posts but still not quiet sure what I should prepare in my defence.
The terms state payment by driver and I wasn’t the driver.

Many thanks.

[ostell]

The case is a court case and is NOT on hold. The case rumbles on rgardless.

[Si19]

Thanks Ostell for your reply.The solicitor has sent me another letter asking me to pay by 2nd August and “ if you fail to do so we may be unable to allocate your payment. This may result in further costs being incurred, for which you will be liable and our client may elect to issue further legal proceedings without further notice. “

They attached the photos of the car parked in the parking bay and letters typed allegedly posted to me as the keeper but no evidence of posting or delivery. The parking company never posted the letters as I never received them. It’s only the solicitor letters I’m receiving.
As for the SAR made to the parking company the solicitor has written that they will send me the documents I have requested from there client. They didn’t state in relation to my SAR. They have attached the photos and letters and signage but have not stated if these are from there client (the parking company) and if these documents are in relation to my SAR.

I’m not sure if this is okay or must the parking company respond to my SAR? The solicitor has never informed me they are acting for there client in regards my SAR.

I’m not sure I have a valid defence by stating I never received the letters the parking company allege they sent to me and they provide no evidence to prove that they were posted or delivered.

I also noted in the copy of there terms on there signage the solicitor sent me it has a line that’s reads, “ Where Statutory basis exists for any monies due under this contract to be recovered from anyone other than the driver, they too shall be recoverable on an indemnity basis. “.

Can the parking company for parking on private land refer to Statutory basis for there charge?

Id appreciate any thoughts / advise if I have a defence on basis:-
1. I was not the driver and can provide witness statements to confirm this.
2. I never received any letters / demands from the parking company even though they show the letters in there file there is no evidence provided they were posted and delivered. I can provide witness statements that no letters were received.
3. The driver of the car has a parking permit allocated to them by there employer to park the car in the bay it was parked and do so every week Monday to Friday, unfortunately the permit had fallen off the windscreen onto passenger seat on the day of the event. The driver can provide a copy of there valid parking permit.

I would be grateful for help to know if submitting this as my defence would be enough and what else could I include? Also do I attach the witness statements now when I send my defence to the court or just state I have witness statements and will produce them on the date of the hearing?

Many thanks.

[ostell]

Did you send a cpr 31.14 request to the solicitor requesting all the documents that they intend to rely on in court. template in the panel on this page.

Have you got an actual copy of what has been sent?

You should be acknowledging the claim now. This gives you 33 days from the date of issue to get your defence to the court.

Are the details on the V5c for the car correct?

If you haven't received any documents then as the none driver you can not be held liable under POFA as they have failed to deliver within the relevant period.

If you have received a copy of a PCN allegedly sent then please post it up here.

Witness statement comes later. Nothing is just presented to the court.

[Si19]

I sent a cpr31.14 to the solicitor and they replied sent me the photographs of my car parked in the bay and signage.
They sent copies of the PCN and letters allegedly posted to me but no evidence of postage.

The PCN states reason for issue, “Parked without clearly displaying a valid OCM UK Ltd permit (at time of enforcement)”.

I have until 12th January to file my defence. So if I understood correctly in my defence statement I should just state I can provide witness statements and I actually provide them later to the court prior to the day of the hearing.

Many thanks.

[Si19]

Correction .. I have until 12th July to file my defence to the court

[ostell]

You state reasons why you cannot be held liable, one being do documentation received..

Again was the address on the V5 correct?

Post up redacted copies of alleged PCNs you have received, Leave dates.

Look around at other deffence statments

[Si19]

Hi Ostell, the address on the V5 is correct.
I have uploaded copy of the PCN and letters I received from the solicitor. Redacted except the dates.
They can be downloaded from here:
https://www.dropbox.com/sh/rxlz07ie6...fj99dUwia?dl=0

Ive never received these from the parking company although they allege the were posted but give no proof of posting. I e only ever received these recently from the solicitor

I will look around for other defence statements.

Many thanks.

[Si19]

Further to sending my defence statement to the County Court I have received a letter from the clients (Parking Control Management) solicitor. It states they have notified the Court of the Claimants intention to proceed with the Claim. They enclosed in there letter to me a copy of the Claimants completed Direction Questionnaire also filed with the Court. They state to bite the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should I agree to mediation to inform the Court who will contact both parties to arrange a mediation appointment.
I noted that on the Questionnaire D4 ( Hearing); it asks if there are any days you, an expert or witness will not be available and they have answered for ‘Yourself’ only as - ‘Please see cover email’. But the solicitor did not include that cover email for me to see.

Id appreciate advise on what to do. Do I inform the Court and say I received a letter from Clients solicitor inviting me to contact you to agree to mediation and like to accept mediation? Or do I not accept mediation and wait for court to notify me of a hearing date?