County Court form for parking fine - license plate issue?

[Robertson]

Hi
Hoping someone would be able to help! Since over a year ago I have had chasing letters from Britannia parking. It has now come to me completing the County Court Claim form.
My issue/ challenge back to them has been that they haven't explicitly said what I have done to incur the fine. I paid and returned in time (didn't need to display a ticket) and sent to them a copy of my bank statement showing the payment. My only guess is that I didn't enter my number plate details correctly - but they have never suggested this was the case. I have only ever had generic correspondents, but I guess if they imply this could be the issues they are accepting I did pay - rather than making no attempt to.

Not sure where to go with this - but not giving me the details to be able to defend myself should be within my Claim Form back to the courts?

Or should I just assume its due to an incorrect license plate entry - but what to say here?

I would really appreciate some help!

[ostell]

First thing is to acknowledge the claim online using the details and password on the form. Nothing in the defence. Thus gives you 33 days to get your defence to the court.

Have you got the original PCN. It would help.

A SAR to the parking company to get all the docs they have on you and a letter to the solicitor requesting all documents that they intend to use in court, in order to narrow the issues between you.

[Robertson]

Hi

Great thank you for this. So on the online form I can't progress further than the defence section (which I am leaving blank). Does this constitute an acknowledge claim? I am sending off my letter to their solicitor now. Yes I requested a SAR a while back and reported them to the ICO as with all of their communication to the external debt collection, lawyers it certainly wasn't comprehensive.

Thank you for the support - its much appreciated.

[ostell]

So did the website acknowledge your acknowledgement?

[Robertson]

Hi Ostell,

So no it didn't actually and reading up afterwards I see I should have done. Was just concerned if I put a holding text it may not allow me to return and edit it later? Then on the above - sorry I missed the comment on the PNC letter which is now attached - thank you.


PNC Letter.pdf

[ostell]

Any text put in is treated as your defence, there is no such thing as "holding text" as far as the court is concerned

what is the date of issue of the PCN? I can't display the reverse but the front is insufficient to be able to transfer liability to the keeper.

no period of parking
no invitation to keeper
no warning to keeper

Has the driver been identified? Yes or No

[Robertson]

Hi Ostell,

So the date of issue was Date of Notice: 16th April 2018, Date of Contravention: 29th March 2018. Sorry about the image issues - the reverse shows images of my car with the date and time shown, then nothing specific relating to the case. I have previously sent them my bank statement showing payment was made to cover the time

[charitynjw]

I have previously sent them my bank statement showing payment was made to cover the time - so yes did say I was the driver.

This in itself would not definitely ID the driver.
I've paid bills on behalf of others, though not being personally liable for them.....bank of mum & dad!

[ostell]

OK, so as the Driver has not been positively identified then the main defence will be that the failed to deliver the Notice to Keeper within 14 days and therefore there can be no keeper liability, as well as those other fails.

It is never an incorrect entry, it is the machine failed to record the entries correctly.

Edit your post #7 to remove hint at the id of the driver.

[Robertson]

Hi,
Thank you both very much for your feedback! ostell sorry was struggling to read up and understand 'no invitation to keeper' and 'no warning to keeper' would you be able to advise on this please? I think not included within the Particulars of Claim but unsure. My first draft would be as per the below - any comments would be gratefully received.

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
2. The vehicle, registration xxxxxxx, of which the Defendant is the registered keeper, was parked on the date in a private car park at xxxxxxx, and payment for a valid ticket via the pay and display machine was made and a bank statement showing this transaction covering the cost for the period of time already provided.
3. Protection of Freedoms Act 2012. Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver. The date of the Notice to Keeper being 16^th April and the Date of Contravention being 29^th March.
4. There is nothing in The Particulars of Claim stating that the Defendant XXX; was the registered keeper and/or the driver of the vehicle XXX. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.
5. The Particulars of the Claim do not state the period of parking.
6. As the Particulars of Claim are poorly specified. The defendant reserves the right to add to or amend the defence should the claimant seek to advance arguments in the course of proceedings or trial that do not form part of the statement of case.

[ostell]

Please read POFA to understand the references. Here's POFA : http://www.legislation.gov.uk/ukpga/...dule/4/enacted

The sections are 9 (2) (e) & (f). Mention all the POFA fails in your defence, and hence no liability.

I think you should forget about mentioning 9 (8) as this is not really appljcable

[Robertson]

Hi ostell thanks for the above. So I have completely read through the POFA and have made the suggested changes thanks. So the below would be my latest.

Was also wondering if 5 C is of relevance? 'specify the total amount of unpaid parking charges'. No amount of missing payment amount was suggested only the 'fine' amount - perhaps this is what it refers to?

Then just also reading the comments within POFA on the timeframe for the Notice to Keeper - between the references to 28 or 14 day time period? 9 (2) (f) refers to 28?

Finally I wasn't sure having read 9 (2) (e) how to summarise this?

Thanks very much for your support.

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
2. The vehicle, registration xxxxxxx, of which the Defendant is the registered keeper, was parked on the date in a private car park at xxxxxxx, and a valid payment at the machine was made and a bank statement showing this transaction covering the cost for the period of time already has been provided to the claimant.
3. Protection of Freedoms Act 2012. Schedule 4 section 9 (2) (f) specifies the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver. The date of the Notice to Keeper being 16^th April and the Date of Contravention being 29^th March.
4. Protection of Freedoms Act 2012. Schedule 4 section 9 (2) (e) specifies that if the creditor does not know the name of the driver and a current address they have to warn the keeper.
5. There is nothing in The Particulars of Claim stating that the Defendant XXX; was the registered keeper and/or the driver of the vehicle XXX. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.
6. The Particulars of the Claim do not state the period of parking.
7. As the Particulars of Claim are poorly specified. The defendant reserves the right to add to or amend the defence should the claimant seek to advance arguments in the course of proceedings or trial that do not form part of the statement of case.

[charitynjw]

It's important to add

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

I'd suggest as para #2

[Robertson]

Thank you charitynjw I will add this and send then I think. I have had back today the files that I requested from the legal company - but essentially they have sent me everything again (letters sent to me). Along with photographs of the signage. So nothing I would say to suggest specifically what they are suggesting I have done.

[Robertson]

Hi,

An update from me. So I had my court date through, and then submitted my evidence via post to the court and to the legal company. Was essentially proof of payment, their conformation of my entrance and exit times and their image of the payment tariff displayed at the car park. I also included an email exchange between them where I as asking for clarification for what I was meant to have done wrong and it suggested I would need to go to court to find out!
Had a letter back from the legal company in return expecting it to be their evidence however was a letter to say they have dropped their claim!
I have mixed feelings on the subject - nice not to have to take time out to go to court - but I think terrible that you can be pursued for so long over something they ultimately knew I didn't do - they just saw a chance to take money.

Sincere thanks to charitynjw and ostell*for all their support - it was much appreciated!




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