Here is the particulars of claim outstanding debt and damages date 17/08/15 -description ref xxx-amount- 236.00 due date-17/08/15 Claimant claims the sums of 253.54 for outstanding debt and damages including 17.54 interest pursuant to s.69 of the county court act 1984 rate 8.00% pa from dates above to 21/07/16 same rate to judgement or sooner payment daily rate to judgement -0.05. total debt and inters due 253.54. i will provide the defendant with separate detailed particulars within 14 days after service of the claim form. i found these statement in other posts and intending ti use them as my defence. Defence against Claim no xxx 1. It is admitted that Defendant is the owner of xxx. 2. The Defendant’s spouse is unable to admit or deny the precise times she parked in REAR of 1-14THE PARADE FRIMLEY HIGH STREET FRIMLEY CAMBERLEY GU16 7HY as she has no recollection of this. The Claimant is put to proof of the same. 3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. 4. Alternatively, even if there was a contract, the provision requiring payment of £60 and later £100 is an unenforceable penalty clause. Following Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, clauses designed to punish a party for breach of contract may only be upheld if they represent a genuine pre-estimate of loss. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: (a) as the Claimant is not the landowner and suffers no loss whatsoever as a result of a delay in obtaining parking ticket; (b) the amount claimed is evidently disproportionate to any loss suffered by the Claimant and © the clause is specifically expressed to be a penalty on the Claimant's signs. 5. The penalty bears no relation to the circumstances because it remains the same no matter whether a motorist is delayed in obtaining parking ticket by ten seconds or ten years. 6. Further and alternatively, the provision requiring payment of £60 and later £100 is unenforceable as an unfair term contrary to Regulation 5 of The Unfair Terms in Consumer Contracts Regulations 1999. This is a term which falls within Schedule 1, paragraph (e) of the Regulations being a term "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation". The term was not individually negotiated and causes a significant imbalance in the parties' respective rights and obligations, because the charge is heavily disproportionate in respect of a short delayed in obtaining parking ticket or overstay and is imposed even where consumers are legitimately using the carpark for its designated purpose. 7. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all." Mr Vishal Gurung Date:- Enclosed:- 1x copy of the parking ticket 1x copy of the PCN

Greetings There has been a recent development on my case , I have just received County Court claim Form stating the claim of total £328.54 which I don't admit and wish to defend. Any help or guidance will be much appreciated. Thanks for all your support.

CIVIL ENFORCEMENT LTD Horton House Exchange Flags Liverpool L2 3 PF PCN Ref No – 9621357549 Vehicle Reg – CA56WWU Issue date 27/08/2015 Date 21/05/2016 Greetings My wife was issued a PCN for Payment not made in accordance with terms displayed on signage at The Parade Firmley High street GU16 7HY , I appealed but with some misunderstanding of the actual basis in which your company issued the PCN but my appeal was refused stating that my response was late which in my understanding is not true as I have written to you on the 05/09/15 well under your stated date of appeal and on the refusal letter I didn’t receive case verification code which would have allowed me to appeal to BPA. Few weeks ago I received a debt collection letter by ZZPS asking for £200 double the amount of actual ticket so I replied but there responded with similar letter and now I have received a letter from solicitors asking me to pay for £236 or warning they will obtain a county court Judgement. I believe there has been a misjudgement in handling of this case, Following are few facts I would like to explain. 1) My wife was with our 2 month old baby while she attended a dental clinic near your Parking Facility and she was willing to pay parking charges and did paid but was penalised for being few minutes late to obtain ticket because she was not fast enough to handle her young baby. 2) The amount charged was unfair and is not the true representation of the cost incurred by the owner or your company. PCN reading From 15:00:10 To 16:25:42 actual ticket reading From 15:13 To 17:13. She overpaid he stay in the car park by 35 minutes. I strongly hope that you will agree with our view by cancelling the PCN and let the common sense prevail as my wife did not had any intention to cause your business any loss or harm in any shape or form and also she should not be discriminated for bearing a young baby. I look forward to hear from you. Yours Sincerely Vishal Gurung

Wright Hassall LLP Olympus Avenue Leamington Spa Warwickshire CV34 6BF Date: 21/05/16 Ref No - 1237742 Dear Tim Hawker I am replying in reference to your letter sent to me on 16/08/16 in connection with the recovery of the alleged debt, no contract existed between myself and your client so there cannot be a breach to be a cause of action for civil claim. Please inform your client that any such claims will be vigorously defended as being vexed. Yours Sincerely Mr Vishal Gurung Should I add anything else or this will do. also I was thinking of writing one last letter to the company to cancel the PCN , please advice me on this one as i have read that some people got success by rewriting. I will post the letter I am intending to send to the company

Hi This is my first post so please bare with me. My wife was issued a Private parking ticket for Payment not made in accordance with terms displayed on signage by CIVIL ENFORCEMENT LTD at The Parade Firmley High street GU167HY so I appealed but I got refused and in few weeks I forgot about it, as I got busy with my work and young baby. Few weeks ago a debt collection letter came through my door asking for £200 double the amount of actual ticket so I replied but there response just got worse and now I have letter from their solicitors asking for £236 or they obtain a County court Judgement. Here are my details:- PCN issued- 17/08/15 on the PCN it reads vechle parked from 1500.10 hrs to 1625:42 hrs , the actual ticket reads 1513 hrs to 1713 hrs they have a 10 mins window to obtain ticket. £60 for 3 mins or after 14 days £100 for 3 min. I have the actual ticket and all the letter we exchanged with different parties. My defence:- 1) Discrimination against my wife as she was with our 2 months old baby, she was willing to pay parking charges and did paid but was penalised for being few minutes late just because she was not fast enough to handle her young baby. 2) The amount charged was unfair and is not the true representation of the cost incurred by the owner or company running the business. 3) I was not provided with a case or reference number which would have allowed me to appeal to BPA after Civil Enforcement Ltd. Shall I defend my case or just pay and end this matter, which I was thinking about but I just feel that I have been used to extract money , to me its unethical and my inner feeling wound not allow to give in to these cowboys. Please help me to defend my case I would happily donate the parking fee amount to this forum if we can beat these cowboys.