Court Claim received

[Maza43]

Hi, I am new to all this and in need of advice re a court claim received for a PCN dated 5/4/16.
The incident occurred when the driver went to collect a customer from the One Gym (who wasn't ready) and left the car park immediately, only to return fifteen minutes later to pick him up. The Parking charge is for twenty minutes in the car park, The ANPR has only taken the reg on entering and exiting once which is incorrect. This is a free car park but I have been back to take photo's of the signage which says a permit must be obtained from the Gym which is in fact entering your car reg into their device. Civil Enforcement Ltd have now sent a County Court Claim with Particulars of claim dated 22/02/17 which I have acknowledged online.
I now believe I have to offer a defence within the next two weeks. I would like to dispute the fact that the driver was never parked, the signage has been deliberately placed at a height that when entering the car park it is completely missed, and the charges they are claiming for damages and abuse of a free car park has escalated to £329.26.


I have uploaded all the documents I have received and need help and advice with putting a defence together. Any advice will be appreciated.

[mystery1]

Re: Court Claim received

I'll get back to you.

M1

[Maza43]

Re: Court Claim received

Thanks M1 I'll upload parking signs as well.

[Maza43]

Re: Court Claim received

Photo evidence of parking signs, thanks M1

[Maza43]

Re: Court Claim received

This is the defence I have come up with ,can someone check it for me please.

Court Particulars- Will insert here

1. I am the defendant xxx dob xxx and reside at xxx

2. Save as specifically admitted in this defence the Defendant denies each and every allegation set out in the particulars of claim or implied in Pre action correspondence.

3. I put the claimant to strict proof that it issued a compliant notice under schedule 4 of the Protection of Freedoms Act 2012. Absent such a notice served within 14 days of the parking event and with fully compliant statutory wording, this claimant is unable to hold me liable under the strict "keeper liability provisions.

4. Paragraph 1 is outside the defendants knowledge. The Claimant is put to strict proof that they have in fact a valid interest in the land and are allowed to operate upon it.

5. The claimants legal representative, as per the claim form and particulars of claim, is under control of practice and can only operate as an employee as approved by the solicitors regulation authority and they have indicated that they hold no such request nor have granted such.

.

The Claim.

6. Paragraphs 1 & 2 are outside my knowledge. The claimant is put to strict proof.

7. Paragraph 3, the claimant is put to strict proof. I was not the driver of my vehicle. Para 90 of Parking Eye Ltd v Beavis makes it pretty clear that the signs should be large prominent and legible and obviously means that each car park is distinct and the claimant is put to proof that they have sufficient signage.

8. Paragraph 4 -The claimant is put to proof that those were the terms, they were prominent, large and legible. If these were the terms and the signs did not offer parking unless you obtained a permit then no offer was made . Without an offer no contract could be agreed and no contractual penalty enforced.

9. Paragraphs 5 & 6 are not admitted. The claimant is put to proof that the defendant was driving. It is noted that the pleadings do not mention the protection of freedoms act and therefore there is no keeper liability.

10. Paragraph 7 is legal argument and is neither admitted nor denied as it is not an allegation. The quoted case is easily distinguishable from the matter at hand as it was a free car park and not a paid car park as the schedule of information indicates this is. The charge is an unenforceable penalty and an unfair charge both of which are proven by Parking Eye LTD v Beavis.

Damages for breech of contract can only put the claimant back in the position they would have been in had the breech not occurred. In a free car
park, the damages would therefore be little o

11. Paragraph 8. The claimant is put to proof that they have any right to escalate the costs. The claimant had the choice not to litigate.




Statement of Truth


I believe that the facts stated in this Defence are true.

[mystery1]

Re: Court Claim received

I'v got it in my pile to do. Needs a bit more than that to cover the signs etc.

M1

[mystery1]

Re: Court Claim received

Maza43.rtf

Edit to suit.

M1

[Maza43]

Re: Court Claim received

Thankyou for giving up your time to look at this M1. I have emailed the docs to the court and will let you know how I get on. Very much appreciated, I was going a little stir crazy trying to piece together all the information I had gathered.

[Maza43]

Re: Court Claim received

Hi, just an update, I returned the defence to the court on 20/3/2017 and didn't hear anything from them. I emailed them for an update on 28/4 and received a reply just advising me that the defence had been forwarded to CEL. How long do CEL have to let me know if they are taking this any further or will it rear it's ugly head again months from now ?

[mystery1]

Re: Court Claim received

28 days and the case is stayed (placed on hold). Then they need to make an application to move the matter forward which, given the size of the claim and cost of application, should mean it's over.

M1

[Maza43]

Re: Court Claim received

Let's hope so M1 Thankyou so much for all your help ��

- - - Updated - - -

That was a thumbs up at the end of that sentence not sure what's popped up instead.