Sumons for parking charge notice

[legalnooby]

Their particulars of claim are very vague;
the driver or keeper incured the charges on 15/06/2017 for breaching the terms of parking at somebody court, preston.
the defendant was driving the vehicle and/or is the keeper of the vehicle.
THE CLAIMANT CLAIMS £160 for parking charges/damages and indemnity costs if applicable together with interest £12.39

£25 court fee
£50 legal reps costs



So my defence is;;

1, Signs are forbiding parking without a permit, no offer of parking- therefore no contract was established.
and
2, The signs are inadequate, and not visible to a driver entering the park. ( i can take photo's and a video to backup my claim).

Do I need to word my defence in a certain way?
How do i see their evidence?

Many thanks.

[ostell]

So how do you know it was the second letter? How long after the parking event did you receive the first notification? If more than 14 days then as their was no windscreen ticket AND they do not know the identity of the driver then they cannot transfer liability from the unknown driver, who they are claiming created the contract, to the keeper. Paragraph 9 of Schedule 4 of the Protection of Freedoms Act 2012

Of course you bring up the appalling signage that you, as the keeper, inspected later. The lack of visiblity of the signs and no offer of a contract ot park for non permit holders.

[legalnooby]

Wow, that's a huge document.

Your point is valid though, as I don't know what order any letters came in or didn't come in. So the first letter i received stated that the time to have the discount had passed and I had missed my opportunity to name the driver as 28 days had passed and they would seek to recover damages from the registered keeper (me).

The only issue I have is that I have no proof of the above, only my word against them.

At what point would I submit any photographs and videos I have to support my defence?

[legalnooby]

So i have knocked up my defence and hope to file it tomorrow.

how does this look?


1. I am the Defendant, xxxxx, DOB xx/xx/xxxx, and reside at xxxxxxxxx

2. The Defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre action correspondence.

3. I was at the time of the alleged breach the registered keeper.

4. The signage is completely inadequate and confusing. It’s possible to enter the named car park without seeing a single sign. They are only clearly visible on exit during daylight (in the evening much of the car park is unlit).

5. No offer of contract. The signs simply forbid parking without a permit. Any parking charge issued in these circumstances would be punitive and not contractual.

As per parking Eye v Beavis in the supreme court the charge is a penalty which is unenforceable.
Also C5GF17X2 Horizon Parking v Mr J. Guildford 23/11/2016 Where the judge agreed
With Mr j Guilford that there was no contract offered and therefore no breach.

6. No notice to keeper. Paragraph 9 Protection of freedoms act 2012. No notice to keeper was received within 28 days.

8. It is denied that any money is owed as there was no contract and the charges are clear penalties.


Statement of Truth


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


many thanks.