Urgent help! Multi-ticket claim - defence submission date fast approaching

[khichu]

A bit of background:

When I was at my last address, I used to park sometimes on a dead-end road which had no markings, no parking restricions, signs etc. Since I am not a heavy car user, there are times when my car stays parked for several weeks without me using it. I had parked my car in this street last year in September 2015, when there was no parking signs on the road. I didnt need the car for the next 2-3 weeks. When I come back in October, I see parking restriction signs of Horizon Parking on the road and a parking ticket on my car. I made sure not to park on that street anymore and I didn't pay too much attention to the ticket.

I am pretty sure the car didnt move in that period - I certainly didnt drive it, and my ex-partner doesnt recall driving it either.

Since then I have moved to a different address. I went to my old address today to pick up some of my mails and I see this county court claim letter from Gladstone Solicitors, claiming for 6 different parking tickets spread over a 2 week period between late September and early October. I did change my address with the DVLA quite late after moving - my fault. I have filed my acknowledgement and have till Monday to file my defence.

Here is the parking sign on the street - https://postimg.org/image/nf2pkp7e5/ . I will upload the court claim doc in a bit.

Based on some online digging, here are my defence points so far:
1. Forbidding sign, meaning no contract entered into
2. Signs werent there when I parked - how do I make this argument though, as its very hard for me to show proof of this. Can I ask them for proof of when the signs were erected?
3. Excessive charges amounting to a penalty (sign says £80, they are claiming £130 each).
4. What else?

Would really appreciate your help with coming up with more points and framing them in a watertight manner.

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Parking sign - https://postimg.org/image/nf2pkp7e5/

court claim - https://postimg.org/image/rs9uch7a1/

[mystery1]

Re: Urgent help! Multi-ticket claim - defence submission date fast approaching

I haven't been to bed yet but i'll get something done before Monday.

M1

[khichu]

Re: Urgent help! Multi-ticket claim - defence submission date fast approaching

Thanks a lot M1

[khichu]

Re: Urgent help! Multi-ticket claim - defence submission date fast approaching

Hi M1, did you get some time to write something up on this? Would be a great help!

[mystery1]

Re: Urgent help! Multi-ticket claim - defence submission date fast approaching

Khichudef.rtf

Edit to suit.

M1

[khichu]

Re: Urgent help! Multi-ticket claim - defence submission date fast approaching

Thanks a lot M1, I have my court date at end of May and have to submit docs I will be relying on during the hearing, in a week. I dont really have too many ideas of what docs that might be (other than my defence statement) - any pointers / links to threads where this is discussed, would be greatly appreciated.

[mystery1]

Re: Urgent help! Multi-ticket claim - defence submission date fast approaching

A witness statement. I am registered keeper, i parked the car, there were no signs when i parked, i never moved the car until i saw the newly erected signs, the newly erected signs are not an offer of a contract but are prohibitive/forbidding.

Any photos you took after the signs went up.

That would appear to be it. The case law isn't evidence.

M1

[khichu]

Re: Urgent help! Multi-ticket claim - defence submission date fast approaching

Thanks, heres my draft WS. Appreciate any feedback:

1. The car in question was parked at ****** Street before the signage was erected by Horizon Parking. The signage forbidding parking were erected at a later date.
2. As far as I can recall, I did not use, nor drive the car for the period covered by the dates involved here.
3. I am the registered keeper of the vehicle but due to the passage of time am unable to recall who, if anyone, the driver was on the relevant dates.
4. I also believe the car was not driven 6 times in the period covered by the dates and so cannot possibly receive 6 penalty notices for 6 ‘separate’ incidents.
5. A parking firm issuing PCNs has two choices - either use the POFA wording or identify who was driving with evidence, and seek to recover the sum from that person. Horizon has done neither.
6. If a breach of contract is claimed, Horizon Parking is put to strict proof that the signs at the land in question contained an offer capable of acceptance and/or breach. The particulars of claim fail to state when the agreement was entered into.
7. It is submitted that the signs forbid parking to anyone other than a permit holder. It is submitted that if these notices are attempting to make a contractual offer, then as they are forbidding they do not fulfil the basic requirement of a contract, which is that each party to the contract must offer valuable consideration to the other party, on clear terms capable of acceptance. In this case neither the Claimant, nor their principal the landowner, is offering anything to motorists.
8. On or around the **** Jan 2017, I received a claims form from the County Court Business Centre, Northampton, for the amount of £*******.
9. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.
10. The particulars of claim state that this claim is for “breaching the terms of parking”. No reference is made to any contract, nor any further details provided.
11. I made a formal request to the Claimant on the 21st January 2017 with a Part 18 request to clarify the following issues but the claimant has yet to respond:
a. Under whose head this action is being brought
b. The actual contract with the landholder underlying this claim
c. Copies of all POFA compliant documents

[mystery1]

Re: Urgent help! Multi-ticket claim - defence submission date fast approaching

It includes some legal submission which should be done separately but in the smal claims track nobody will care too much.

M1