Received a Court Claim Form fo parking in BP

[Shukys]

I received a Court Claim and don't know what to do next.
I do not have original PCN as never received it, the reason for it might be wrong post code which car was registered to. Someone made a mistake while registering the car (Dealer or DVLA). I noticed it much later and correction of postcode took place february 2022, 3 months later after the original pcn.

After post code was changed I received only one letter from CST LAW claiming that I had to pay penalty but I did not take it seriously and few letters went to a bin as I took it as fake.
Penalty is for overstaying in BP petrol station in Stansted 2021-11-21.






Reading past appeals on forums they insist there enaugh visible signs tto notice but as you can see from pictures it is clearly not true.
Please advise what would be my best option- ask for extension for 28 days to prepair my appeal "1", or fully appeal "2", or partly agree and partly appeal "3"
Thanks in advance

[Shukys]

Can not add attachmentts as I'm a new member

[Shukys]

Here is my Claim form

[des8]

What you do is acknowledge the claim immediately (to gain extra time to write a defence) and indicate you will fully defend.
You should also send the solicitors a CpR31.14 request and the parking company a Subject access Request (Templates in the SHORTCUTS panel on the right.
They need amending for your particular situation.
Send by first class mail with free certificate of posting from post office

Also do not identify the driver , even here as parking companies do monitor these sites.
I'll ask admin ( EXC or ULA) to delete your penultimate paragraph .
I have taken a copy and easier to delete than rewrite!

[Shukys]

Thank you for your prompt response and advice. I have acknowledged the claim online and preparing letter as per above message.
May I please clarify my correct understanding that CPR31.14 document request paragraph
they only mention that the defendant contravened the claimants ''displayed terms and conditions '' and no other document / notice or agreement? what exactly do i request please? and secondly may i please get clarification on last paragraph about the credit agreement and statutory fee?

[des8]

Besides mentioning :"displayed Terms & conditions" there is " Parking Charge notices" (note plurality of "notices")

The references to "credit Agreement" & "stat fee" do not apply in your case
The template was drafted originally to deal with cases where lenders open court cases against borrowers.
The lender has to supply a true copy of the credit agreement, but there is a £1 charge for this

[des8]

1. .The Defendant received the claim xxx from MET Parking Services on dd/mm/yy
2. .Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The defendant avers the Claimant's statement of case firstly fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards the claim and secondly has failed to properly plead its case in accordance with CPR16.4(1)(a)
   1. state that the claim is for unpaid parking and collection charges and refers to parking charge Notices (PCN(s) ) .It is unclear about the number of PCN(s) that the Claimant is seeking to claim against the Defendant together with an itemisation list of charges related to those PCN(s); and
      1. whether the PCN(s) (if more than one) were issued for the same breach of parking conditions at the same location or that the PCN(s) relate to different locations or both; and
      2 the Particulars of Claim alleges that the Defendant is liable as the Driver
      and/or hirer and/or owner of the vehicle but fails to provide any reasons on
      which the Claimant relies upon to prove such liabilities..
4. It is well established that the Claimant must provide adequate pleadings and include all essential ingredients of the cause of action so as to enable the Defendant to understand the case against them. The Particulars of Claim, as drafted, are inadequate which makes it difficult for the Defendant to respond as she does not know or understand the basis of the Claimant’s case.
5. Further, the Defendant is surprised by the poor drafting of the particulars given that the Claimant is represented professionally by a firm of solicitors and so the lack of compliance with the CPR 16.4(1)(a) to formulate proper particulars cannot be excused. Accordingly, the court is invited to consider its general case management powers pursuant to CPR 3.1 to:
   1. make an order that unless the Claimant (i) files and re-serves an amended Particulars of Claim compliant with CPR 16.4(1)(a) and (ii) provide the necessary documentation in order for The Defendant to fully plead her case within 14 days of said order, then the claim shall be struck out and judgment entered in favour of the Defendant;
   2. If the Claimant should comply with such an order , the Defendant will then be in a position to amend her defence, and would ask that the Claimant bears the costs of the amendment.
      Or
   3. if the court considers it appropriate, to strike out the claim in whole or in part, as the basis that the claim discloses no reasonable grounds for a cause of action; and
   4. exercise any other case management powers the court sees fit
   5. Without prejudice to the foregoing paragraphs, the Defendant intends to respond to the allegations raised in the Particulars of Claim as best she is able.
   
   
   
   Defendant’s liability as the driver of the vehicle
6. .In the Particulars of Claim, the Claimant pursues the defendant as the driver, so it is fair to assume the Claimant has actual and/or constructive knowledge of the driver’s identity.
   However the Claimant has failed to produce any supporting evidence that demonstrates the Defendant was the driver of the vehicle when the alleged contravention(s) took place. It is the Defendant’s position that the Claimant’s allegations are nothing more than a fishing expedition and the Claimant has no knowledge of the driver

7 The Claimant asserts the reason the PCN was issued was "the Defendant contravened the Claimant's displayed terms and conditions in the car park" but,( altho' requested by letter/email dated dd/mm/yy) has failed to provide a legible copy of the signs nor indicated which term(s) or condition(s) were contravened, nor how they were contravened

8.Defendant’s liability as the hirer
The claimant fails to state how the liability for an unpaid parking charge may be transferred from the driver to the hirer of a vehicle (Protection of Freedoms Act 2012 Schedule 4 does not apply)

9 Defendants liability as the owner
The claimant fails to state how the liability for an unpaid parking charge may be transferred from the driver to the owner of a vehicle
( Protection of Freedoms Act 2012 Schedule 4 does not apply)

10.The Claimant has failed to deliver a copy of the original Parking Charge Notice altho' requested by letter/email dated dd/mm/yy

11 Recovery of Claimant’s unspecified parking and collection charges

. The Defendant denies that the Claimant is entitled to the recovery of unspecified parking and collection charges in respect of the PCN(s) against the Defendant as either the driver or the hirer or the owner for the following reasons:
(i)in respect of liability as the driver the Defendant repeats paragraphs 7 & 8 of this Defence
(ii)in respect of liability as the hirer or the owner of the vehicle there is no statutory manner in which liability can be transferred from the
contracting party to either the hirer or the owner

Statement of truth:

1. 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.
2. Sign & date

[des8]

The defence needs to be set out properly;

In the County court Centre Claim number xxxxxx

Between Parking Co. name....................................Claimant

and

Shukys............................................ ..............Defendant

DEFENCE


Use times New Roman font
2.5cm margins either side
1.5 line spacing
claim number in top right hand corner each page
number foot of each page

send in PDF format as attachment to email

Don't forget to copy in the claimant's solicitor

[des8]

Sorry, but think I got you mixed up with another similar case I'm helping with (and realised it when I had retired!!).
If you haven't yet sent your defence in and you have leased your car, you should make a slight amendment to Para 8 so it reads:

The claimant fails to state how the liability for an unpaid parking charge may be transferred from the driver to the lease hirer of a vehicle (Protection of Freedoms Act 2012 Schedule 4 does not apply)

and in para 11 change last phrase to " either the lease hirer or the owner"


I m assuming this wasn't a hire car
If it isn't leased just change para 8 to
"The vehicle is not a hire car so defendant cannot be liable as hirer"
and make similar change to para 11 by deleting references to hirer in ii andv adding iii iro liability as hirer the vehicle was not hired

[des8]

Following your PM:
Why would you want to pay an unfair parking charge, when the claimant is unlikely to win his claim in court?
Can you please post up the letters and documents now sent you.
Have you been sent the N180 form?
If not you can download it from here :https://www.gov.uk/government/public...l-claims-track
When you have a copy we can help you complete it
Do not delay returning it to the court

[Shukys]

Please see all scanned documents they sent to me.

[Shukys]

more

[Shukys]

more

[Shukys]

the last one

[des8]

Are any of those parking signs fully legible?
The scans of the parking signs aren't much use as we need to be able to read them.