Letters Send to Wrong Address (Parking Eye, dcbl) - Previous Post

[ukrebel]

Hi all,

I'm guessing the previous post was deleted to protect driver anonymity. Updates so far:

- Claim issued 28/09/23
- Driver acknowledged 09/10/23
- Driver sent CPR 31.14 Request on 14/10/23

I'm previous thread, it was suggested that driver does a subject access request. Will this not take longer than the driver has to file a defence? Guessing that the driver will need to file a defence by 26/10/23?

Sign, particulars and original PCN attached.

[des8]

Hi again!

Don't worry about documents arriving after deadline for filing defence as they might be useful when writing your witness statement.

Can you confirm the vehicle is registered in your name?
Do you have any other of ParkingEye's documents? The one posted is very sparse as it doesn't even mention an alledged contravention

Defence is due to be filed and served 33 days after issue date.

[ukrebel]

Hi again

Thanks for your support so far.

"Can you confirm the vehicle is registered in your name?" - yes.

I've attached the reverse of the PCN.

[ukrebel]

Just me again.

I've given them 7 days to respond. Is this 7 days from when I sent the letter or 7 days from the next working day or what? I'm a bit confused.

[des8]

Seven days from receipt by them.

[ukrebel]

Excellent. Thank you.

[ukrebel]

Hi again all.

I've not heard any response from dcbl. It would be 7 days from them receiving it tomorrow. What do if I don't get correspondence tomorrow?

It's getting really close to when I need to submit my defense.

[ukrebel]

Thinking about this logically, the driver used to work at the organisation to which to car park is utilised by. There was never a permit issued to employees. Employees simply gave their registration number to company and that would mean they never got charges. However, i've never ever seen a permit by anybody. Is this a potential defense?

[ukrebel]

Additionally, the sign states that permits are to be obtained from the reception. However, the reception is closed during the times of the breach. Does this not create a situation where individuals may be unable to comply with the requirement, due to unavailability of permits during this time? Equally, there are no other reasonable alternative means to obtain a permit, such as online registration. Is this a potential route?

[des8]

You still have 6 days by my reckoning so I'll put up a draft for you in a day or so.
In the meantime why not have an attempt at drafting your own defence to the claim/

[ukrebel]

Thanks Des8, you are a star.

I've come up with some lines of attack:

The original PCN states that the signage says “as a permit only / authorised parking only car park, a Parking Charge is applicable if the motorist fails to obtain a valid permit / authorisation”. This does not say this. I need a better shot of the signage, but I don't think it states that.

I'm going to question the validity of of the permits, as it doesn't state who is eligible for them.

I'm going to raise inadequate access to permits - i.e. the reception of the building was closed at the time of the alleged contravention.

I'm going to raise lack of reasonable accommodation - i.e. the reception is the only place to get a permit.

I'm going to raise unrealistic expectations - a combination of the above.

I'm going to question the impact on necessity of permit - being unable to access permits due to circumstances beyond individuals control, raising questions of whether a permit is necessary during some of the the times stated.

Ideally, i'd like to see some previous cases where permits are argued, i'm not sure where to look. I also don't have an idea how to write this up formally.

What do you think? Do you think there are any sticking points?

[des8]

What you have to defend is the claim as presented to the court.

The actual claim has to be sufficiently detailed for you to identify the basis, and the person making the claim should be in possession of all the documents on which the claim is based.

If you request those details (CPR31.14 request) the solicitors should send them to you within 7 days.

As they haven't sent them you can file & serve the following as your defence:

DEFENCE
1.The Defendant received the claim xxx from the CCBC on xxx
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for a parking charge following a breach of contract
4.It is admitted that the Defendant is the registered keeper of Vehicle xxxx reg number xxxx
5.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.
6.The Claimant’s Particulars of Claim do not state the full location of the car park where the alleged breach occurred
7. The Claimant's Particulars of Claim are unclear on whether the Defendant was the driver or was the keeper of the vehicle at the time of the alleged incident.
8.On the DD/mm/YY the Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to XXXX.
9. The Claimant has not sent any of these documents to the Defendant.
10.The Defendant respectfully requests the court orders the Claimant provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
15.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 Claimant bears the costs of the amendment.
16.It is denied that the Claimant is entitled to the relief as claimed or at all.

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.

signed & dated

[ukrebel]

Thanks Des. Makes sense. I sent the defence via money claim. Was thay the right thing to do? I'm doing so much reading. Please don't think I'm just expecting you to do thos for me. Every day I get a bit more wise. But I appreciate your support so much. Thank you.

[des8]

That is fine.

[ukrebel]

Just me again.

A couple of days ago, received a letter from the dcbl with the information that was requested. This included:

- A document outlining terms and conditions between ParkingEye and the land owner (I think)
- An aerial view of car park, with different numbered sign locations
- A documenting detailing the number of signs
- Pictures of the different signs
- A supply agreement

Looks like they've got it pretty tight.

I also got an email from them saying that they've reviewed the defence and that they intend on proceeding. They've given an option to discuss settlement.

Also got a directions questionnaire.

Not sure where to go from here now?