PCN court order

[Wave_Rider]

Ahhhh you guys are amazing!! I've been afraid to look till now! So it's ok to Perupr much copy and paste the above...? It's really professional sounding! Just got to get on to mcol tomorrow to find out what the heck is up with my login... Is this a very drawn out process, usually?

[ostell]

It might just work tomorrow, Remember to provide numbered paragraphs, I did on the original I wrote by copy and paste killed the formating. I beleive a statement of truth is required at the bottom. Page header giving Case number and title (APCOA v You), Footer with page number. Both seperated from the body of the text by a single line. Text is spaced at least 1.5 times. And did I mention the signature?

PDF attachment to email to the court. Email subject Case No, Title, Defence statement.

[ostell]

I would like to add a statement at the start something like:

The defendant is a leaseholder of the apartment property know as Ocean 1, the location mentioned by the claimant. The lease provides a right to park at the property without the necessity of displaying a permit nor does it provide for the payment of any charge to a third party for any alleged breach of the conditions of the lease. That right belongs to the landholder.

Can you get a copy of the lease to check, if you don't already have it? If not immediately available then it may be able to introduce it with the witness statement later in the process.

When does the defence have to be submitted?

[ostell]

Found the link to what a Defence statement should look like

Just to give you an idea, Note the Statement of Truth at the end.

[Wave_Rider]

Thanks! You guys have been amazing!! Am rewriting it out now.... Fingers crossed!

[Wave_Rider]

Oops missed the questions at the end of your earlier post, Ostell - nope no chance of obtaining lease, and defence has to be submitted by Thurs so am leaving it a liiittle late tbh!!

[Wave_Rider]

Hang in just realised by lease you mean my rental contract?! Yes I have a copy but there is Zero mention of any parking rights or otherwise whatsoever.....

[Wave_Rider]

Also, I (now) know that the road is a private road so cannot say that about it being subject to Road Traffic Act? I don't know that Armtrac have a contract to patrol it tho, or who the land belongs to, or that it is in fact part of ocean 1....

[Wave_Rider]

ok this is my final copy! am working tomorrow but will check on here before i send it at midday,,,,,
Claim no. vvvvvvv

Claimant: KBT CORNWALL LIMITED

Defendant: xxxxxxxxxx




Defence

I. I am xxxxxxxxxxxxxx of xxxxxxxxxxxxxxxxxxxx and am the defendant in this case and litigant in person

II. I deny any liability whatsoever to the claimant.

III. The Particulars of Claim (PoC) are unclear and do not give a cause for action in this matter. The defendant asks that the court require the claimant to submit a more detailed PoC and if required permits an amended defence at the claimants costs.

IV. The Parking charge notice received from the claimant states that the vehicle was in breach of the parking regulations at Ocean 1. The vehicle was parked at the entrance to a publicly accessible street Ocean View and not at the location they are claiming, therefore the defendant believes that the claimant does not have the authority to take action at this location.

VI. The claimant is put to provide proof that they have a valid contract in place by supplying a copy of that contract without redaction, with a witness statement saying the contract exists being considered insufficient.

VII. At the location that the vehicle was parked there are no signs visible and therefore no contract could possibly have been formed with the claimant and therefore there could not have been any breach of any alleged contract.

VIII. Later inspection showed that there were signs much further down the road, parallel to the road, not visible from the entrance and not readable by any driver until alongside. Slightly further down there was also a sign from another company casting more doubt on the whether the claimant actually has any authority to operate. Furthermore the claimant's signs gave the impression that the conditions listed were for the car parks that were behind the wall/fence that the signs were affixed to.

IX. The claimant has claimed in his documentation that the breach was for "Parking without Authorisation" and then later for “Parking without a Permit”.

X. The Particulars of claim does not state what alleged breach they are actually claiming for, one or the other or neither.

XI. The address given for the alleged breach was “Ocean 1”. As a resident of “Ocean 1 the defendant does have authorisation to park there and was displaying a permit, a permit that was visible in the photographs that they supplied

XII. If it can be shown that a contract was in place then the defendant claims frustration of any such contract in that because of a failure of the gate mechanism on the access to the car park that would normally be used the defendant was unable to park in his normal assigned space.


Statement of Truth:

The defendant believes the facts stated in this defence are true




Signed: xxxxxxxxxxDate: 31/07/2018

[ostell]

It's all about making it easy for the judge to read and understand.


The first portion:

Claim no. vvvvvvv

Claimant: KBT CORNWALL LIMITED

Defendant: xxxxxxxxxx

Defence

Should be on a seperate piece of paper as a frontispiece, with the text centred on the line and page and in, say, a 14 or 16 point font

I would use arabic numerals.

For IX (it removed the format when I posted

9. The claimant has claimed in his documentation that the breach was for "Parking without Authorisation" and then later for “Parking without a Permit”.

. a. The Particulars of claim does not state what alleged breach they are actually claiming for, one or the other or neither.

. b. The address given for the alleged breach was “Ocean 1”. As a resident of “Ocean 1 the defendant does have authorisation to park there and was displaying a permit, a permit that was visible in the photographs that they supplied


The road can be considered subject to RTE in that the public have unrestricted access. for example the police could still prosecute for speeding etc.

Your lease says nothing about having to display a permit or pay a charge if you don't? If not then include a statement to that effect. Trying to get it into the defence as it cannot be added later.

Something like (if true) the following unless the signs etc are otherwise mentioned.

The defendant has no requirement in his lease to display a permit or pay a penalty to a third party as a penalty. Any alleged change would be a derogation of grant.

Put in after IV


You have 33 days from the date of issue to get it into the court.

[Wave_Rider]

Thanks ostell! I read 28 days from issue of service, is it definer 28...?? Brilliant if so, struggling with all this work work and childcare as well.... Pesky school hols!!! Add an aside, how long does this sort of thing drag on for, usually?!

[ostell]

It's 5 days for date of service after issue date then 28 days from date of service. 33 days total. That make things easier?

[Wave_Rider]

Yes that makes sense and tally's with the rest (ie that I had 14 days from 5 days after issue of service to send the AoS, so makes sense it's then 28 days from 5 days, wtc). So even tho our lease mentions nothing but there are signs everywhere within the car park saying we must display a permit I can still mention that in my defence? We were just told verbally that we had to display a permit even when parking in our own space....

[Wave_Rider]

I've reinserted the bit about the road traffic act as as you say it's better to add now as can't add later!

[Wave_Rider]

Ref this:
The defendant has no requirement in his lease to display a permit or pay a penalty to a third party as a penalty. Any alleged change would be a derogation of grant.

No we have nothing in our lease requiring us to display a permit but there are signs everywhere within the gate compound that stipulate parking is permitted with permit display only so would this not apply to us by default?