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County Court Defence procedure for alleged PCN
Hi and Thank you to All on Forum who can offer advice on this matter after receiving this from county court business centre.
The claim is for breach of contract for breaching the t's & c's set on private land. The defendants vehicle ******** was identified on ******** in breach of the advertised terms and conditions: namely Parked in a restricted/prohibited area. At all material times the Defendant was the registered keeper and/or driver. The t's & c's upon entering private land were clearly displayed at the entrance and in prominent positions. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering a contract by conduct.The signs specifically detail the the t's and c's and the consequence of failure to comply, namely a parking charge notice will be issued and the Defendant has failed to settle the outstanding liabilility. The Claimant seeks the recovery of the parking charge notice, contractual costs and interest.
Claim Form issued recently, claim acknowledged within 14 days and a CPR 31.14.sent.to Claimant and their Legal team
Not acknowledged keeper or driver. Where parked there were no markings on road.
Q. What is the best way to proceed and complete best defence?
Q. Should I also send a SAR letter?
All assistance truly appreciated.
SFX
The claim is for breach of contract for breaching the t's & c's set on private land. The defendants vehicle ******** was identified on ******** in breach of the advertised terms and conditions: namely Parked in a restricted/prohibited area. At all material times the Defendant was the registered keeper and/or driver. The t's & c's upon entering private land were clearly displayed at the entrance and in prominent positions. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering a contract by conduct.The signs specifically detail the the t's and c's and the consequence of failure to comply, namely a parking charge notice will be issued and the Defendant has failed to settle the outstanding liabilility. The Claimant seeks the recovery of the parking charge notice, contractual costs and interest.
Claim Form issued recently, claim acknowledged within 14 days and a CPR 31.14.sent.to Claimant and their Legal team
Not acknowledged keeper or driver. Where parked there were no markings on road.
Q. What is the best way to proceed and complete best defence?
Q. Should I also send a SAR letter?
All assistance truly appreciated.
SFX
