County Court Business Centre

[ostell]

Look around the forum for examples of a defence.

Indeed there is a sample in the shortcuts panel

[FarrMo]

IT IS ORDERED THAT:




1: The Claimant shall by 4pm on 11 March 2021 (7 days from the date of this order) provide the Defendant copies of the following documents mentioned in the Claim Form pursuant to CPR Rule 31.14.




a) The agreement between xxxxxx and xxxxxx in relation to the PCN mentioned in the Particulars of Claim filed by the Claimant

b) The Notice to Keeper documents

c) Evidence showing a breach of contract by the Defendant

d) Evidence showing that the Defendant is a party to the contract and has a contractual obligation

e) Any and all other documents pertaining to the alleged breach of contract by the Defendant


I've put this in my court order as the claimants solicitors are not disclosing any information.
Is this ok?

[FarrMo]

I've written out my defence, can someone please have a read and let me know if its sufficient/deficient and make any recommendations for improvement.
Thanks in advance





In the Northampton County Court Business Centre

Claim No: xxxxxxxx

xxxxxxxx
Claimant

And

xxxxxxxx
Defendant

DEFENCE

1. I am the Defendant, xxxxxxx, DOB xxxxxxx, and
reside at xxxxxxx.

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. On 15 February 2021 The Defendant sent an online request using
xxxxxx legal's online contact form for inspection of all contracts,
evidences of infractions and any and all other such documents
which pertain to the Defendants infringement of said contracts
under Civil Procedure Rule 31.14 to xxxxxx Legal Ltd.

4. xxxxx Legal Ltd refused to supply any of these documents and
stated they would do so if instructed to do so by the court.

5. Paragraph 1 is denied in that the Defendant is indebted to the
Claimant for parking charges issued to vehicle xxxxxxx at
xxxxxxxxxx.

6. Paragraph 2 is outside the Defendants knowledge and the
claimant is put to strict proof.

7. The first sentence of Paragraph 3 is outside the Defendants
knowledge. The claimant is put to strict proof that they have the
right to manage the land and take legal action in their own name.

8. The second sentence in Paragraph 3 is denied as the alleged
contract in this case is borne out of the signs in the claimants
document which is referred to as (the Contract) on the Particulars
of Claim. However, this sign has no offer capable of acceptance by
a non-permit holder.

'Permit holders only'

As a non-permit holder there was no offer, no consideration, no
meeting of the minds and thus no contract.

Parking control management (uk) v Bull & others B4GF26K6

UK parking control LTD v Masterton B6QZ4H3R

Both these small claims cases support the view that where no
contract exists the claim fails as any claim is for trespass and
that claim lies with the landowner.

9. Paragraph 4 is denied as the Defendant does not have a contract
with xxxxxxxx Ltd and therefore did not agree to pay.

10. Paragraph 4 is admitted that I was registered keeper but
denied that any liability exists.

11. Paragraph 4 is admitted in so far as it was not paid as it is
disputed that the money is legally due since no contract was, or
could be, formed when no offer of parking was made. The charge is
a penalty dressed up as a contractual charge. It is not an
agreement to park for the sum claimed by the Claimant.

12. Paragraph 1 of Claimant's Claim is an attempt to recover
damages where none exists. The Claimant is put to proof of all
damages and that they are, in fact, due directly to themselves.

13. Paragraph 2 of Claimant's Claim, the Claimant is claiming
interest at 8% Should the court find for the Claimant I
respectfully ask that the interest claimed is reduced. This period
has seen historically low interest rates and 8% would appear to
reward the Claimant rather than compensate. The Claimant is put to
proof thereof.

The claimants claim should be dismissed in full.

Statement of Truth.

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

Dated this 5th day of March 2021

[ostell]

You have not mentioned your lease has no requirement to display a permit while parking and is superior to any claim by the claimant that a contract exists with the keeper.

There is a case recently, and I haven't got the reference on this machine, that had a case thrown out for abuse of process by adding thos extra costs. I'll try and find it

[FarrMo]

You have not mentioned your lease has no requirement to display a permit while parking and is superior to any claim by the claimant that a contract exists with the keeper.

There is a case recently, and I haven't got the reference on this machine, that had a case thrown out for abuse of process by adding thos extra costs. I'll try and find it

Thank you so much, I look forward to that.

[ostell]

Abuse of process

https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

[FarrMo]

You have not mentioned your lease has no requirement to display a permit while parking and is superior to any claim by the claimant that a contract exists with the keeper.

There is a case recently, and I haven't got the reference on this machine, that had a case thrown out for abuse of process by adding thos extra costs. I'll try and find it

Is this worded ok to address these two issues?

I put this point just above paragraph 9. of my defence.
Further, the Defendant, as leaseholder and resident of xxxxxxxxxxx, has a lease with the landowner xxxxxxx wherein it is stipulated that the Defendant shall pay for maintenance and management of the grounds and building(s), this lease has no requirement to display a permit while parking and is superior to any claim by the claimant that a contract exists with the keeper.



12. Paragraph 1 of Claimant's Claim is an attempt to recover damages where none exists. The Claimant is put to proof of all damages and that they are, in fact, due directly to themselves.


In relation to abuse of process the court’s powers are governed by Civil Procedure Rules 3.4(2) this provides:
The court may strike out a statement of case if it appears to the court
a. The statement of case discloses no reasonable grounds for bringing or defending the claim
b. That the statement of case is an abuse of court’s process or is otherwise likely to obstruct the just disposal of the proceedings
c. That there has been a failure to comply with the rule, practice direction or court order.


Excel Parking Services Ltd. v Wilkinson G4QZ465V


This small claims case was struck out as an abuse of process as there can be no doubt that the inclusion of the additional costs claim is inclusion of a claim based either on an unfair clause which will not be enforced by the court, double recovery or an attempt to circumvent CPR 27.14 when it is unfair to do so. It was found that where additional costs above the costs to operate the scheme were claimed, an abuse of process had occurred given the costs of recovery are already built into the parking charge as a cost of operating the scheme, this is a double recovery or an attempt by the Claimant to try to add in an additional charge. The only alternative is that it is an attempt to recover legal costs without expressly stating this.

[FarrMo]

The signs are prohibiting

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. To state that a contract to park was created when it is specifically forbidden is perverse. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

I am going to court to defend this in Jan for one car and Feb for the other. Is there any way to get these cases? I have been advised to submit any documents that will be relied upon in court before 14th September. Do I need to submit these case reports as I will be relying on them?
I look forward to any and all advice.
Many thanks

[ostell]

I found Masterson by a simple Google search

[FarrMo]

I have been advised to send all documents to the court which I will rely on, claimant has a witness statement from Harry Green who they claim is an employee. Do I need to make a witness statement, ie my own to lay out all my argument for why the tickets are not enforceable, will this not give the claimants time before the court appearance to prepare an argument against my points?

one parking solutions have filed 6 claims to the court, 3 for 1 vehicle and 3 for another. the sums of each vehicle still being low enough to be allocated to the small claims track. Should I use waste of courts time as an argument?

any help would be most appreciated! thank you in advance

[ostell]

Yes, you provide a witness statement which mentions the cases and the exhibits, numbering them xxxnn where xxx is your initials and nn is sequential numbers. Make an index to the exhibits.

you refute the statements in their witness statement that you disagree with