Parking Charge Notice - Court Claim

[mintno1]

Hi,

Hopefully I can get some help with the following, have just been online and requested the extra 14 days

Particulars of Claim
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at XXXXXXX (4hrs)
2. The PCN(s) were issued on 11/04/2023
3. The defendant is pursued as the driver of the vehicle for breach of terms on the signs (the contract). Reason: Parked without a valid permit
4. In the alternative the defendant is pursued as the keeper persuant to POFA 2012, Schedule 4

And the Claimant Claims
1. £170 being the total of the PCN(s) and damages
2. Interest at the rate of 8% per annum persuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.02 until judgement or sooner payment
3. Costs and court fees

We parked for under an hour as the signage indicated that the parking was free for the 1st hour, we left before the hour was up. The sent the original claim to our old address, we had updated our details with the leasing company for the car and the DVLA. By the time we received the claim at our new address it had already gone legal. The initial PCN was sent on the 9th May, we had moved house and updated info 6 months prior.

Any other info required just let me know, it's the first time posting and dealing with a claim form

Cheers
Gareth

[des8]

Could you post up a copy of the claim form and the original notice to keeper (remove identifying details but leave in all dates and times)?

Pictures of the signs also would be useful.

I'm asking admin to remove sentence in your post beginning "The claim is to" as it identifies the driver, which is not a good thing.
EXC or ULA please.

[EXC]

Done.

[mintno1]

Could you post up a copy of the claim form and the original notice to keeper (remove identifying details but leave in all dates and times)?

Pictures of the signs also would be useful.

I'm asking admin to remove sentence in your post beginning "The claim is to" as it identifies the driver, which is not a good thing.
EXC or ULA please.

Please find documents attached, sorry for the delay have been away from home for Christmas/New Year. Hope you had a great Christmas/New Year if you celebrate.

The original notice to owner we never received as it went to our old address we asked for it from the collection agency we have never discussed with the parking company. Pics of the car and signage are from them and i argued we couldn't read the signage but they wouldn't or don't have better versions. They are saying my wife was the driver which she wasn't is that too simple a reason to argue? Thank you in advance for any info

Cheers
Gareth

[des8]

Did you acknowledge receipt of the claim form? (yes see post 1)

Was the form addressed to your wife?
Is your wife the registered keeper?

[mintno1]

Did you acknowledge receipt of the claim form? (yes see post 1)

Was the form addressed to your wife?
Is your wife the registered keeper?

Yes we acknowledged the claim form and asked for the 14 days extra before Christmas. Everything has been addressed to my wife, it's a leased car and she is the registered keeper (if that works the same for a lease car?)

[des8]

I'll draft a defence for you tomorrow

[mintno1]

I'll draft a defence for you tomorrow

Thank you in advance, much appreciated

[des8]

Here's a draft defence you could use.
Check it carefully, fill in the blanks, correct it if necessary and ignore it completely or partially if you want.
It will be your (or rather your wife's defence) if it goes further

1. .The Defendant received the claim xxx from Elite Car Parking Management Ltd on dd/mm/yy
2. .Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The defendant avers the Claimant's statement of case fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards the claim and has failed to properly plead its case in accordance with CPR 16.4(1)(a)
   Specifically the Particulars of Claim:
   1. state that the terms of a contract between the Claimant and the Driver were breached but also refers to “PCN(s)” which implies that there are, or may be, multiple contract breaches .The PoC is unclear about
      1. the number of PCN(s) that the Claimant is seeking to claim against the Defendant together with an itemisation list of charges related to those PCN(s); and
      2. whether the PCN(s) (if more than one) were issued for the same breach of parking conditions at the same location or that the PCN(s) relate to different locations or both; and
   2. the Particulars of Claim alleges that the Defendant is liable as the registered keeper of the vehicle but fails to provide any reasons on which the Claimant relies upon to prove such liability.
   
   .
4. It is well established that the Claimant must provide adequate pleadings and include all essential ingredients of the cause of action so as to enable the Defendant to understand the case against them. The Particulars of Claim, as drafted, are inadequate and merely provide a series of generalised statements which in turn makes it difficult for the Defendant to respond as she does not know or understand the basis of the Claimant’s case.
5. Further, the Defendant is surprised by the poor drafting of the particulars given that the Claimant is represented professionally by a firm of solicitors and so the lack of compliance with the CPR 16.4(1)(a) to formulate proper particulars cannot be excused. Accordingly, the court is invited to consider its general case management powers pursuant to CPR 3.1 to:
   1. make an order that unless the Claimant (i) files and re-serves an amended Particulars of Claim compliant with CPR 16.4(1)(a) and (ii) provide the necessary documentation in order for The Defendant to fully plead her case within 14 days of said order, then the claim shall be struck out and judgment entered in favour of the Defendant;
   2. If the Claimant should comply with such an order , the Defendant will then be in a position to amend her defence, and would ask that the Claimant bears the costs of the amendment.
      Or
   3. if the court considers it appropriate, to strike out the claim in whole or in part, as the basis that the claim discloses no reasonable grounds for a cause of action; and
   4. exercise any other case management powers the court sees fit.

6. Without prejudice to the foregoing paragraphs, the Defendant intends to respond to the allegations raised in the Particulars of Claim as best she is able.

Defendant’s liability as the driver of the vehicle

7it is denied that the Defendant was the driver of the vehicle at the time the alleged parking offence(s) occurred.

8The Claimant has failed to produce any supporting evidence that demonstrates the Defendant was the driver of the vehicle when the alleged parking infringement(s) took place. It is the Defendant’s position that the Claimant’s allegations are groundless and appear to be nothing more than a fishing expedition and the Claimant has no lawful basis to pursue the Defendant as the driver of the vehicle.

9.The Claimant asserts the reason the PCN was issued was "Parked Without a Valid Permit" , but,( altho' requested by letter/email dated dd/mm/yy) has failed to provide a legible copy of the signs which state a "valid permit" was required prior to parking


Defendant’s liability as the Registered Keeper
10. It is admitted the Defendant is the registered keeper of vehicle xxxx with the registration number xxxx

11.It is denied that the Defendant is liable as the Registered Keeper of the vehicle for the PCN(s) as alleged

12.Section 56 together with Schedule 4 of The Protection of Freedoms Act 2012 (“POFA2012”) provides landowners with powers to manage parking on their land.

13.Paragraph 4 of Schedule 4 of POFA2012 stipulates that the liability for an unpaid parking charge may only be transferred from the driver to the registered keeper of a vehicle if certain conditions as prescribed in Schedule 4 are met.

14. These conditions include the exact wording that must be used in the Notice to Keeper when bringing the unpaid parking charge to the registered keeper.

15.The Claimant has failed to deliver a copy of the original Notice to Keeper to the Defendant, altho' requested by letter/email dated dd/mm/yy

16.Thus as the original NTK was never received by the registered keeper the Defendant is unaware if those mandatory conditions were met and is unable properly to formulate her defence.

17. Further and alternatively, condition 5(1)(b) of POFA forbids the Claimant from pursuing the Registered Keeper if the Claimant has knowledge of the driver and their details.

18.In the Particulars of Claim, the Claimant pursues the defendant as the driver, so it is fair to assume the Claimant has actual and/or constructive knowledge of the driver’s identity. It follows that Claimant is cannot pursue the Defendant for the PCN(s) as the Registered Keeper. The Defendant will rely on paragraph 221 of the POFA Explanatory Notes, which states that: “… The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity” (emphasis added)

Recovery of Claimant’s unspecified damages

19. The Defendant denies that the Claimant is entitled to the recovery unspecified damages in respect of the PCN(s) against the Defendant as either the driver or the Registered Keeper for the following reasons:

1. 1. in respect of liability as the driver the Defendant repeats paragraphs 7 - 9 (inclusive) of this Defence
   2. . in respect of liability as the registered keeper condition 4(5) of POFA provides that the maximum amount which may be recovered from the registered keeper is the total amount of the unpaid parking charges specified in the notice to the registered keeper. Therefore, any associated costs in incurred by the Claimant in connection with the PCN(s) are not recoverable.

CONCLUSION

20. For the reasons set out in this Defence, the Claimant is not entitled to pursue the Defendant as either the Registered Keeper or the driver of the vehicle for the PCN(s) or to any relief as claimed.

STATEMENT OF TRUTH


I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Sign & date

[mintno1]

Thank you for all your help, in your experience do you think we have a good chance if we use the defence? Forgive me if that's a stupid question :-) it's the first time I have been involved with a court claim/defence

[des8]

Not a stupid question, but one that can only be answered "maybe"
Small claims is always a bit of a lottery.

Your wife was not driving so that leg of their claim will fail.
As to her position as keeper we don't know as she has not been provided with a copy of the original Notice to Keeper, nor of the signage.

It is for the claimant to prove his case, but he hasn't provided any proof

If no defence is offered the case will certainly be lost.

[des8]

when(if) you proceed the defence needs to be typed using a font like Roman New Times, size 12.5 with line spacing 1.5.
Leave 2cm margins either side
each page to bear claim number in top right hand, and numbered.

Heading set out:

IN THE COUNTY COURT BUSINESS CENTRE claim no xxxxx

BETWEEN

Elite xxxx .................................................. ..Claimant


and


MRs XXXXX .................................................Defendant



DEFENCE





This needs to be filed in court and served on the claimant

[mintno1]

Not a stupid question, but one that can only be answered "maybe"
Small claims is always a bit of a lottery.

Your wife was not driving so that leg of their claim will fail.
As to her position as keeper we don't know as she has not been provided with a copy of the original Notice to Keeper, nor of the signage.

It is for the claimant to prove his case, but he hasn't provided any proof

If no defence is offered the case will certainly be lost.

Thank you, will have a read through, remove as necessary etc. type up and post it through online as a defence tomorrow, will shout if I have any questions and let you know what happens, much appreciated.

[mintno1]

Another question, apologies, when you said: This needs to be filed in court and served on the claimant
Does that mean I should print a copy of the defence and send through to the claimant's address as well as entering the defence online with the court?

[des8]

Yes

Suggest you read these two booklets (not all applies to you) as they will give you an idea of the process:
https://www.judiciary.uk/wp-content/...+web+FINAL.pdf
https://www.judiciary.uk/wp-content/..._in_Person.pdf