PCN court claim received. running out of time.

[Mb0411]

Good evening everyone!

I have a massive problem and i am hoping you can help me.

Unfortunately, when all this came about, i took some wrong, old advice and decided to ignore all letters, until now, as I have received a letter of claim.

(another) unfortunately, due to person reasons that i won't go into, i have left it very late to deal with this. I did send my AOS last week, but the 28days is up very soon (unsure if weekends count)

I am very annoyed with myself that this wasn't dealt with earlier, and I fully understand if I am advised that it is too late and that I should just pay the amount claimed.

So here goes...

In march 2017, received a PCN stating I had parked without paying and that i owe them £100 within 28days. There is a photo of my car, and the period of 'parking' was 12mins! (2mins over the grace period?)

Not sure if its relevant, but i wasn't 'parked', my engine was running the whole time and the hand break wouldn't have been applied.

April 2017 - Received pretty much the same letter, stating I owe £100 within 28days

Early May 2017 - received letter from ZZPS saying i owe £172

Late May 2017 - received letter from ZZPS saying I owe £172

Early June 2017 - Letter from Wright Hassall saying I owe them £208

Late June 2017 - Letter from Wright Hassall saying I owe them £208

Aug 2017 - Letter before claim from the parking company saying I owe them £208

Dec 2018 - Gladstones solicitors Letter before claim - £160

Dec 2018 - Duplicate of above letter

Jan 2019 - Gladstones Letter before claim £160

Feb 2019 - Court papers received. - Claimed amount - £190. Court fee - 25. Legal reg costs. £50 Total - £xxx


I understand I may have left things too late but hoping you can help me sort some kind of defence out.

In my opinion the amount claimed is excessive considering I didn't even leave the vehicle after realising we didn't have enough change for the meter (min £1)

Signs are very small and high up, with small text.


Any other info you need please let me know!

Thanks in advance!!

[ostell]

So you haven't given us much to go on. Original PCN, redacted, would help. Parkin company etc

[charitynjw]

Feb 2019 - Court papers received. - Claimed amount - £190. Court fee - 25. Legal reg costs. £50 Total - £xxx

The exact date of issue, please?

[Mb0411]

Sorry, was trying to figure out how to upload the items! I’m useless on this tech!!

Issue date was 25th feb


thanks .

[charitynjw]

Only 12 minutes?

[Mb0411]

Yes..........

[ostell]

What's on the back? Use a hosting site such as IMGUR and link to it from here. Just want to check otherwise:

They have failed, amongst other tings, to give the warning required by POFA 9 (2) (f) so no keeper liability.

Cannot claim from the registered keeper more than the original PCN, probably £100 (?) POFA 4 (5)

Here's POFA, have a look at paragraph 9

If that is missing from the back send first class post and get a free certificate of posting from any post office.

[charitynjw]

BPA Code of Practice (Version 6 relevant at time.)

Grace periods

See 13.2 & 13.4

[Mb0411]

Back of pc mad requested.

thanks guys

[ostell]

OK, failed to comply with POFA in not stating notice of keeper liability 9 (2) (f)

What was the date of parking and the issue date of the NTK?

Can't really read back of NTK, insufficient detail.

[charitynjw]

OK, failed to comply with POFA in not stating notice of keeper liability 9 (2) (f)

What was the date of parking and the issue date of the NTK?

Can't really read back of NTK, insufficient detail.

Another 'invitation on the tear-off part' of the NtK?

[Mb0411]

Sorry for poor image before, let’s try this one!

[Mb0411]

[charitynjw]

Apologies, I've been out this pm/evening, & only just seen this.

Ideally we could do with seeing the Claimant's Particulars of Claim, so that we could address any particular points as necessary.

I'm guessing that it is the usual vague rubbish, & have proceeded on that assumption

I'm also guessing that it was issued via MCOL

----------------------------------------------------------------------------------------------------

In the Northampton County Court Business Centre

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim [is for/ appears to be for] a civil parking charge allegedly incurred at [site] on [date]

4.It is not admitted that the Defendant had been the driver or had parked in that site on that occasion
.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fails to narrow the issues, is vague, & appears to offer a menu of possibilities.

7.The alleged contravention is dated [date]
Given the length of time which has elapsed since then, the Defendant would like the court to consider the doctrine of laches, as it puts the Defendant at a significant disadvantage.

8. Also, & in the alternative, the Claimant's notice to keeper fails when compared to the Protection of Freedoms Act 2012 Schedule 4 section 9 for at least the following reasons.

a) No period of time is shown.

(b) The invitation to name the driver is on the tear-off part of the notice.

(c) The Claimant has inflated the alleged amount due by a considerable margin.

9. if the Claimant intends to persue via common law breach of contract, the Defendant will point to privity of contract per Dunlop Pneumatic Tyre Co Ltd -v- Selfridge & Co Ltd [1915] AC 847 (HL).

10. The length of time stated as the duration of parking is 12 minutes. The Claimant's applicable Code of Practice allows for at least 10 minutes grace upon entry, with a similar 10 minutes grace for exiting a parking site. .

11.On the [Date] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [XXXXXXXXX].

12 .[Claimant’s Solicitor] has not sent any of these documents to the Defendant.

13. The Defendant notes that the parking charge on the Claimant's Particulars of Claim is vastly inflated when compared to the notice to keeper. The Defendant is aware that the Claimant is a serial litigant, producing huge quantities of both notices to keeper & court claims. As such, the Defendant believes that little time is spent on what is likely to be an automated process. In addition, the Protection of Freedoms Act 2012 Schedule 4 limits the amount payable to that which is shown on the notice to keeper. It seems like a poorly disguised attempt at double recovery, so the Claimant is put to strict proof regarding a breakdown to justify the sums claimed.

14.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

15.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

17.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

----------------------------------------------------------------------------------------------------------------

I think that covers it, but please check that all points are covered.

If you are using MCOL, you won't need to input the header or the statement of truth.....they are automatically added.

Any queries, post up on here.
.

[charitynjw]

Laches.

(See also following explanations)