Court Claim received for PCN! Help, please!

[Thecanepari]

The 14 days is calendar days, no exclusions except if the 14 days fell within the weekend and you acked on the Tuesday

I posted the letter on the thursday, subject to saturday, easter sunday and easter monday, it should've arrived on early tuesday. Hope that's alright :S

[Thecanepari]

Actually it's 33 days from date of issue.
5 days are allowed for service (delivery) of the claim.
If the 33rd day falls on a weekend or Bank Hol, the next working day is ok. (4pm latest)

That's very reassuring! Thank you! So it falls on the 11th which is a saturday, thus posting on 9th is my new goal.

Moving forward, I need to finalise my defence and get that sent off - what were your thoughts on the document I revised?

And, again, thank you for all your help!

******

[ostell]

Have you checked online that the ack has been received? Why not do it all on line?

[Thecanepari]

Actually it's 33 days from date of issue.
5 days are allowed for service (delivery) of the claim.
If the 33rd day falls on a weekend or Bank Hol, the next working day is ok. (4pm latest)

That's very reassuring! Thank you! So it falls on the 11th which is a saturday, thus posting on 9th is my new goal.
Moving forward, I need to finalise my defence and get that sent off - what were your thoughts on the document I revised?
And, again, thank you for all your help!

[Thecanepari]

Have you checked online that the ack has been received? Why not do it all on line?

I saw advice on somewhere that posting was the best method to do so! I'll proceed online for now on.

I didn't know I was able to check! I'll go have a looksee now.

[ostell]

For the acknowledgement best to login using the details and password on the claim form. I believe this login will also allow you to check the current status.

[Thecanepari]

For the acknowledgement best to login using the details and password on the claim form. I believe this login will also allow you to check the current status.

That was very helpful, I've signed in and they've confirmed that my ack of service has been accepted.

I'm now in a position to build and the defence, with your guidance if you'll advise?

[charitynjw]

That was very helpful, I've signed in and they've confirmed that my ack of service has been accepted.

I'm now in a position to build and the defence, with your guidance if you'll advise?

Yep, we'll help all we can.

[Thecanepari]

Yep, we'll help all we can.

I can't thank you enough! This is how my document is looking right now:


In the Business Centre

Claim No: F7G*****

UK Car Park Management ltd

Claimant

And

Mr ****** C***

Defendant

DEFENCE

1.The Defendant received the claim F7G**** from the Northampton County Court issued 8th April 2019.

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

3. The signage in the car park is of a “forbidding” nature. 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. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et al 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.

In the case of UKPC v Masterson B4GF26K6 [2016];
“I am not able to consider that that is an open offer to contract to park at first sight. If anything, it prohibits unauthorised parking on my reading of it. If I am wrong in that then I have to consider whether the inclusion of the wording, “Terms of parking apply at all times”, in any way invalidates my view that the signage seeks to prohibit unauthorised parking.

Taken from the transcript of PCM-UK v Bull et al B4GF26K6 [2016];

“This notice is an absolute prohibition against parking at any time, for any period, on the roadway. It is impossible to construct out of this in any way, either actually or contingently or conditionally, any permission for anyone to park on the roadway. All this is essentially saying is you must not trespass on the roadway.



15.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.

16.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.

17.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.

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

[charitynjw]

Did you receive a pre-action protocol pack (tick-box form to complete & return, income & expenditure sheet etc) from the Claimant in the month or so leading up to the claim being issued?
Have you requested any disclosure of evidence yourself?

[Thecanepari]

Did you receive a pre-action protocol pack (tick-box form to complete & return, income & expenditure sheet etc) from the Claimant in the month or so leading up to the claim being issued?
Have you requested any disclosure of evidence yourself?

I received the letter attached early January 2019 and nothing by post since.
I did respond asking basic questions regarding the claim on their website and they responded with a generic pack of sign locations etc with some photos of evidence of the car being parked in a the bay.
I did have to request all this however.

[charitynjw]

I received the letter attached early January 2019 and nothing by post since.
I did respond asking basic questions regarding the claim on their website and they responded with a generic pack of sign locations etc with some photos of evidence of the car being parked in a the bay.
I did have to request all this however.

Could you post up a pic of the signs which was sent to you?

[Thecanepari]

Could you post up a pic of the signs which was sent to you?

They're on the first post for this thread

[charitynjw]

They're on the first post for this thread

Ah, ok.
I thought those pics were taken by you....parking co's often just send stock pics of signs.
Have you checked the site signs yourself?
It's important to make sure that the correct sign is used, as that forms the basis of the alleged contract between the driver & the parking co.

[Thecanepari]

Ah, ok.
I thought those pics were taken by you....parking co's often just send stock pics of signs.
Have you checked the site signs yourself?
It's important to make sure that the correct sign is used, as that forms the basis of the alleged contract between the driver & the parking co.

The signage is at the location which is a long way from me, I am unable to check. My assumption is that it is correct and wish to proceed on that basis.
Could you provide some reviews on my previous defence document as I'd like to submit it soon and feel that it could be improved.
Thank you for all your time!
JC