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    • Okay I have just started to write a draft to put together as defence:   In The County Court   Claim No: XXXXXXX Between XXXXXXXXXXX (Claimant) -and- XXXXXXXX (Defendant) ____________ DEFENCE ____________ 1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX. 3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN). 4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. 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 Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached. 5. It is denied that: a) A contract was formed b) There was an agreement to pay a parking charge. c) That there were Terms and Conditions prominently displayed around the site. d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums. e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time. 6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established. 7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible. 8. Due to the sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct. 9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.       Statement of Truth: I believe that the facts stated in this Defence are true. Name Signature Date     I need to add that there is no contract with the company, I am unable to confirm terms and conditions as you need to display the permit whilst using facilities on site, the car park in question is free,  the £60 fine was unlawful, the parking company have no proof of loss, they are abuse of process, I wasn't named as being the driver, I have no PCN or any of their solicitor until the claim form came through the post. 
    • scroll up to  ericsbrother post of February 10    a good start.   dx      
    • you have now said twice in posts you have been fined. that shows you haven't been reading up here on private parking claimform threads at all.   use our custom google search box that comes up after you hit our top squares logo.   type in   PCM Claimform.   theN READ as many threads as you can.   you should spot that when people file a defence  its one that has about 3 - 5 simple very basic short lines. and that is one that is applicable to the claimant and the type of parking claim in their poc they are making    you don't file early!!   you have 2 weeks to work this out   post it up here 1st please    
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
    • don't forget we have a custom google search box here   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=pcn disabled bay&oq=pcn disabled bay&gs_l=partner-generic.12...89905.96346.0.98117.5.5.0.0.0.0.132.411.4j1.5.0.gsnos%2Cn%3D13...0.6527j13191631j6j2...1.34.partner-generic..5.0.0.NzHqsz5KVoY
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Carningli

Fraudulent Water Meter Installation

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I have a strange problem. I own a wood and two fields. Over the past twwenty five years or so, I have permitted two local farmers in succession to use the fields, in return for maintaining hedges and fences.

 

Unbeknown to myself either one or both or them between themselves had a water supply and meter connected to one of the fields which already had a sheep dip tank. The meter I am informed is hidden in a hedge.

 

The first occupant moved on some ten years or more ago, the second died some nine months ago. I have never used any piped water on my property always, assuming there was none there and brought it in by bowser. Having no need for a permanent supply and would never have given permission for one, especially with a meter.

 

Any advice wouild be welcome.

 

Carningli.

 

I have now recieved a bill from the water company for over £1,500.

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Perhaps the first thing to do is to present the tenant with the bill.

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Conniff - OP said that one moved away 10 years ago and the other one died so they will have trouble with that unless I mis-read the post.

 

At OP - do you currently have a tenant? Who's name is on the Water Account?


Work for my local CAB but my views and advice are my own. Try AdviceGuide or Adviceline (08444 111 444) for CAB help ;)

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Thank you Coniff and DanscoCAB for your replies.

 

The estate of the last person to have use of the land recieved the bill from the Water company bill, but one of the executors of his estate (his daughter) is trying to get the Water company to pass the bill on to me, as I own the ground and have done for fifty years. I have asked the Water Company for sight of the Meter Agreement to determine Name, Address and signature of person who had meter installed. Water Company afe refusing under excuse of Data Protecction Act. Yet they accepted her giving ny name and address.

 

Carningli

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If they can't give you any information on the meter under the DPA then how can they say you're responsible for the bill?

 

Do you have any kind of contract or anything to show that the land was in use by this person as a 'tennant'?

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Thank you Coniff and DanscoCAB for your replies.

 

The estate of the last person to have use of the land recieved the bill from the Water company bill, but one of the executors of his estate (his daughter) is trying to get the Water company to pass the bill on to me, as I own the ground and have done for fifty years. I have asked the Water Company for sight of the Meter Agreement to determine Name, Address and signature of person who had meter installed. Water Company afe refusing under excuse of Data Protecction Act. Yet they accepted her giving ny name and address.

 

Carningli

If they are refusing to supply a copy of the agreement, it stands to reason that the agreement is not in your name otherwise data protection would be irrelevant and they could supply a copy. Secondly I am fairly sure that on the form there is a clause that states "Do you have the Landlords consent for meter to be installed." Thirdly in the interim who has been paying the water bill? I doubt very much if they will go near court with this one. If they continue to hassle you remind them of the Protection from Harassment Act. I sure there is some case law regarding BGAS harrassing someone and then having to pay a huge amount of compensation. I think it is on CAG somewhere.

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Thank you Surfer01,

 

I have come to the same conclusion as yourself, the Warer company either do not hold an agreement or it is in someone elses name. I must emphasise that neither of the persons having use of the ground were tenants nor did they pay any rent. This was done on the advice of my solicitor (sadly now deceased as well) as he feared an agricultural tenancy could possibly be claimed, if I was not careful. I have a good suspicion, but no proof as to who was resposible!

 

Carningli

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I would like to draw this post to a conclusion. The matter has been resolved by the Water Company crediting me with the full amount charged for which I am very grateful.

 

Carnigli

Edited by Carningli
Typo

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I would like to draw this post to a conclusion. The matter has been resolved by the Water Company crediting me with the full amount charged for which I am very grateful.

 

Carnigli

 

Well done for persevering.

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