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Hello,
I am writing to ask for advice on behalf of a less technologically inclined relative who has received a 'Letter of Claim' relating to a PCN dated from early 2012.
They responded to the previous correspondence stating that they were not the driver etc. but it seems that this was all in vain.
After looking over this forum, I see that mystery1 gives a template response to such a letter. From this I have adapted and included some further comments, which are quoted at the bottom of this post. Any feedback would be greatly appreciated.
The outline of the situation is that
- The RK was not the driver at the time of the alleged PCN.
- The RK has never been to the location of the PCN, nor the city in which the car park is located.
- The RK has business credit card statements that place him over 100 miles away on the day of the PCN (confirming times with the credit card company)
- The RK does not have a copy of the original PCN so they are not sure of the contravention time or the time at which the vehicle entered/exited the car park.
Are the CC statements admissible as evidence in court as a way of identifying the location of the RK on this instance?
At the moment we are a little stumped due to the passing of time. Clearly drafting a defence with uncertainty to how the signage has changed over the past 4 years is challenging.
We shall investigate other contractually-based defences in terms of Excel parking and the owners of the land.
Are there any other avenues we should be exploring with respect to a potential defence?
I also have a thread on Pepipoo, but now looking for legal advice.
http://forums.pepipoo.com/index.php?...=#entry1208096
I am writing to ask for advice on behalf of a less technologically inclined relative who has received a 'Letter of Claim' relating to a PCN dated from early 2012.
They responded to the previous correspondence stating that they were not the driver etc. but it seems that this was all in vain.
After looking over this forum, I see that mystery1 gives a template response to such a letter. From this I have adapted and included some further comments, which are quoted at the bottom of this post. Any feedback would be greatly appreciated.
The outline of the situation is that
- The RK was not the driver at the time of the alleged PCN.
- The RK has never been to the location of the PCN, nor the city in which the car park is located.
- The RK has business credit card statements that place him over 100 miles away on the day of the PCN (confirming times with the credit card company)
- The RK does not have a copy of the original PCN so they are not sure of the contravention time or the time at which the vehicle entered/exited the car park.
Are the CC statements admissible as evidence in court as a way of identifying the location of the RK on this instance?
At the moment we are a little stumped due to the passing of time. Clearly drafting a defence with uncertainty to how the signage has changed over the past 4 years is challenging.
We shall investigate other contractually-based defences in terms of Excel parking and the owners of the land.
Are there any other avenues we should be exploring with respect to a potential defence?
I also have a thread on Pepipoo, but now looking for legal advice.
http://forums.pepipoo.com/index.php?...=#entry1208096
I write in response to your Letter of Claim dated XXth August 2016, the contents of which are noted. As the registered keeper at the time of the alleged PCN, I have written to you to inform you that I was not the driver of the vehicle on this occasion.
As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).
As well as the information already requested please answer the following questions:-
1 Your client's PCN was issued prior to The Protection of Freedoms Act Para 8.
Is it correct that your client has no claim against the vehicle's keeper if he/she was not driving?
2 Does your client have any evidence to identify the driver other than a mere assumption?
3 What act or omission by the driver has given rise to a cause of action?
4(a) Is your client's demand founded on (i) a contractual agreement, (ii) a breach of a contract or (iii) trespass?
4(b) If your client is not the land-owner, does its contract provide written authority to take legal action, in accordance with the BPA Legislation Guide to Operators that applied at the times?
4(c) Please confirm that your client will produce this contract for the court
5(a) Is it correct that your £54 has been described as legal costs?
5(b) If so, is it correct that CPR 27.14 does not permit them to be recovered in the Small Claims court?
5(c) Has this charge ever been questioned by a defendant or referred to a regulatory body such as the Credit Services Association or Solicitors Regulatory Authority?
5(d) If so, what was the decision by the court or regulatory body?
Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.
Having done some research on your claims I request that if you ignore my requests for information that your claim complies with
CPR 16
Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim
Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;
Practice direction 16
Other matters to be included in particulars of claim
7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.
Practice direction 22
Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by
(2) the legal representative of the party or litigation friend.
3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.
3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.
3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.
Practice direction 7E
Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.
I await your response.
Yours sincerely
As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).
As well as the information already requested please answer the following questions:-
1 Your client's PCN was issued prior to The Protection of Freedoms Act Para 8.
Is it correct that your client has no claim against the vehicle's keeper if he/she was not driving?
2 Does your client have any evidence to identify the driver other than a mere assumption?
3 What act or omission by the driver has given rise to a cause of action?
4(a) Is your client's demand founded on (i) a contractual agreement, (ii) a breach of a contract or (iii) trespass?
4(b) If your client is not the land-owner, does its contract provide written authority to take legal action, in accordance with the BPA Legislation Guide to Operators that applied at the times?
4(c) Please confirm that your client will produce this contract for the court
5(a) Is it correct that your £54 has been described as legal costs?
5(b) If so, is it correct that CPR 27.14 does not permit them to be recovered in the Small Claims court?
5(c) Has this charge ever been questioned by a defendant or referred to a regulatory body such as the Credit Services Association or Solicitors Regulatory Authority?
5(d) If so, what was the decision by the court or regulatory body?
Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.
Having done some research on your claims I request that if you ignore my requests for information that your claim complies with
CPR 16
Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim
Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;
Practice direction 16
Other matters to be included in particulars of claim
7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.
Practice direction 22
Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by
(2) the legal representative of the party or litigation friend.
3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.
3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.
3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.
Practice direction 7E
Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.
I await your response.
Yours sincerely
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