Received a Court Claim Form fo parking in BP

[Shukys]

Signs

[Shukys]

one more

[Shukys]

Received one more letter today

[des8]

Thanks for the legible signs, which confirmed something for which I was hoping

That form they sent you is their N180.

You need to complete one and send to the court and copy to claimant
So when you return your N180 you should include something along the following lines addressed to the court (again with copy to claimant):

ADDENDUM to DEFENCE
Following a late response by the Claimant to the Defendant's CPR 31.14 request the Defendant can better plead her defence.
1. It is noted that the Claimant is pursuing payment for only one PCN, but has not clarified how the amount claim is calculated
2. From the photographs supplied it is noted that the alleged incident occurred late at night when it was dark.
None of the parking signs appear to be lit, so it may be supposed that the driver did not see them, or could not easily read them due to the small font. It is denied that the driver intended to contract to park
3. The Defendant denies that the Claimant is entitled to the recovery of unspecified charges in respect of the PCN against the Defendant for the following reasons
4. The claimant has supplied photographs of the signs posted at the site which indicate that unspecified "further charges" and unspecified "additional parking charges" might be levied in addition to the parking charge of £100
5 The Defendant asserts the unspecified “further charges” and the unspecified "additional parking charges" terms on the parking signs are contrary to the requirement of good faith and causes a significant imbalance under the contract to the detriment of the Defendant.
6. Section 68 of the Consumer Rights Act 2015. (CRA 2015) requires that every term of a consumer contract must be transparent and expressed in a plain and intelligible language.
7 The Defendant contends that the terms referring to the charges on the signage are neither transparent nor intelligible in that they are unspecified additional charges.
8 It fails to explain what charges the claimant seeks to recover, and is also contrary to CRA2015 Schedule2 (10 & 14).
9 Consequently, the term is unfair and is not binding on the Defendant pursuant to section 62 of the CRA2015
10 In Parking Eye vs Beavis ([2015] UKSC 67. Case ID. UKSC 2015/0116. the S C found the parking charge (£85) was a genuine estimate of the costs of operating the parking scheme including losses suffered by the operator if its terms and conditions were not complied with (see paras 188 and 193 of the judgment).
11. In this claim unspecified costs additional to the parking charge may involve an element of double recovery and is an abuse of process that may taint the entirety of the claim and permit the Court to strike out the claim (CPR3 4 (2) (b))
:12. Whilst not binding on this court the Defendant respectfully refers to the following case: G4QZ465V (Excel Parking Services Ltd vs Wilkinson - 1st July 2020) where District Judge Jackson considered a similar claim to be an abuse of process under the The Consumer Rights Act 2015 (Sch 2 and section 61/ 61(1)/ 67). He found that striking out the claim was the only appropriate manner in which the disapproval of the court could be shown
13. the Defendant denies 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

[Shukys]

Thanks. Do you think we should add note about signs which they claim are on the front entrance door where every single driver would be able to notice on entry to the shop where those signs are actually missing? I went back there this Tuesday and took some photos to prove that no signs are available to anyone as it seems their intention is to charge everyone unlawfully.

[des8]

well you could, but add it around point 2 above .I would suggest something along the lines;

2. From the photographs supplied it is noted that the alleged incident occurred late at night when it was dark.

3. Following a visit to the site to ascertain the position it is noted that none of the parking signs appear to be lit,(is that correct???) so it may be supposed that the driver did not see them, or could not easily read them due to the small font. It is denied that the driver intended to contract to park

4 on the same visit it was noted that contrary to the Claimant's assertion in (insert document title) there are no signs about parking on the shop entry door

[Shukys]

Just noticed I missed one page to upload.

The sign at the entrance to the petrol station is not lit. Please see the attached photo. Upon entry to the station, the bright green sign on the right attracts your attention where parking sign on the left is small and not noticeable and it is the only sign on my route. Other photos clearly show no signs on shop windows.

[Shukys]

Would you mind helping me to fill in N180 form correctly? As I'm not sure whether this case is to be referred to the small claims mediation service etc and details about the hearing.

[des8]

No problem:

A1 yes because a) the court expect every avenue to settle out of court be explored and b) you might be able to get them to accept a nominal amount which will save you the stress and cost of a day in court

c1...yes
D1... No because there are questions of fact and law to be settled
E1 Defendant's local court as per CPR26.3 (3)
E2...no
E3 1
E4 ??
E5 ?no


You will need to write a witness statement in due course

The hearing is relatively informal
No wigs nor swearing on the bible etc and generally all parties are sitting round a (large) table
The judge listens to both sides, will ask questions to clarify matters and possibly allow either side to question the other
Then makes his decision

You might like to read relevant parts of this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

[Shukys]

just to clarify, if I say D1 NO , does that mean I will have to go to hearing 100% or the court can take decision by themselves based on my defence

[des8]

If you answer D1 "No " the chances are the court will decide there will be a hearing.
No one can force you to attend but you should so that you can present your case.
Not to attend is to give the other side a large advantage

[Shukys]

Received an email today:

Your confidential telephone mediation appointment has been booked for the above date and time slot. If you need to cancel your appointment please let us know, this lets us offer your time slot to someone else.
You will be called within this time slot and your appointment will last for a maximum of one hour.
Reply by email to scmreferrals@justice.gov.uk confirming:

• Your claim number.
• Your full name.
• Your email address.
• Telephone number for the mediator to call you on - Please note this MUST be either a UK mobile or UK Landline (no International numbers) - If you cannot provide a UK number we will be unable to carry out the appointment.

If you cannot attend this appointment please cancel by contacting us atscmreferrals@justice.gov.uk. It is important you do this so we can offer your appointment to somebody else. Important mediation requirements

Please read the following statements - mediation is only available if you can answer yes to all 3:

1. I am willing to negotiate on the amount of the claim and I will consider a compromise.
2. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.
3. I'm available for the entire time slot on the date of my appointment.

If you cannot answer yes to all 3 statements, mediation is NOT suitable for your case and you should contact us:scmreferrals@justice.gov.uk



Not sure what my next step should be. Declain mediation?

[des8]

Do not refuse mediation.

Argue your case, (but do not identify the driver) as set out in your defence and addendum.
You might manage to get the charge dropped, or reduced to a level where it becomes commercially sensible to pay.
You must remember that going to court, even if you win, comes at a cost at least in stress and loss of a day even if not financial

[Shukys]

Quick update on my case:

After months of waiting, finally received lan email that mediation has been canceled for uknown reasons and it got transfered to a local court. District Judge upon concidering the court file ordered that this matter is transfered to Clerkenwell & Shoreditch County Court.
Hearing to take place in November. The notice states both parties should try to negotiate or deliver defence documents including witness statements to all parties. What do you suggest we do now? many thanks

[des8]

assume Clerkenwell & Shoreditch County Court.is your local court.

What you do is follow the court order.
As your defence was filed and served in two parts originally you will need to rewrite it as one document deleting unnecessary sections.
Also write your witness statement.

when you serve them on the claimant ask them their proposals to settle before the hearing