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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 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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cyberfruits

Spark Energy want to charge me £140 to fit Prepayment meters?

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Do i have to pay for a prepayment meter to be installed for a debt recovery and current usage?

 

My energy supplier spark told me i had to pay 140 pounds to have 2 prepayment meters fitted for collection of my debt and current usage,

 

 

i am classed as vulnerable person and therefore got into debt

and because of bedroom tax i am waiting to move but not getting any were

 

thanks

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that's spark for you!

 

 

disadvantage the punter at every move.

 

 

you should not have to pay as far as I know.

 

 

if you have a debt, they just do it normally

 

 

are they aware you are classed as vulnerable?

 

 

dx


..

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Hi cyberfruits

 

I think that is unacceptable. Follow the following advice, don't commit to anything unless your happy to do so, let us now what arrangements they come to for you.

 

http://sparkenergy.co.uk/useful-info/worried-about-debt-

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Hi cyberfruits

 

 

I'm Jenny, the Customer Relations Manager at Spark Energy.

 

 

I'm really sorry to hear that you're having problems getting pre-payment meters installed because of the cost. I'd really like to help you out with this. While it's true that we are one of a few companies who charge for pre-payment installation, we're also open to helping you find the resolution that's right for you.

 

 

Can you please contact Spark Energy and ask to speak to me? Once I've had a look at your account I can work with you to find the best solution for your situation.

 

 

Kind regards

 

 

Jenny

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Hi Jenny

 

Pre-Payment Meter's cost a lot more to run, the OP want's to pay you, but doesn't want to add to their existing debt, which if they have a Pre-Payment meter installed will do.

 

Hi cyberfruits

 

 

I'm Jenny, the Customer Relations Manager at Spark Energy.

 

 

I'm really sorry to hear that you're having problems getting pre-payment meters installed because of the cost. I'd really like to help you out with this. While it's true that we are one of a few companies who charge for pre-payment installation, we're also open to helping you find the resolution that's right for you.

 

 

Can you please contact Spark Energy and ask to speak to me? Once I've had a look at your account I can work with you to find the best solution for your situation.

 

 

Kind regards

 

 

Jenny

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If your debt is less than £500 you can switch to another provider can't you? That way Spark cannot install a Prepayment meter and will be forced to accept a standard payment plan instead.

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Hi Rebel11

 

 

Understood. We're happy to go through options with the OP if they can get in contact with us. Our cheapest method of payment is by Direct Debit, it's just a case of seeing what the customer wants and what would benefit them most.

 

 

Hopefully we'll get a response and be able to get something sorted out.

 

 

Kind regards

 

 

Jenny

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Hi Jenny

 

Please do let us know how it is resolved i.e. we arranged affordable payments etc

 

Hi Rebel11

 

 

Understood. We're happy to go through options with the OP if they can get in contact with us. Our cheapest method of payment is by Direct Debit, it's just a case of seeing what the customer wants and what would benefit them most.

 

 

Hopefully we'll get a response and be able to get something sorted out.

 

 

Kind regards

 

 

Jenny

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Hi Rebel11

 

 

If the OP is ok with me giving an update then I'm happy to do so, or they might want to post back here themselves to confirm how it was resolved. I'll be sure to discuss that with them once I've had a chance to talk to them.

 

 

I'm keen to provide an email address for CAG members who have questions or concerns about their Spark account, but don't have the privileges yet, so once I'm able to I'll make sure there's a way to contact me easily.

 

 

Kind regards

 

 

Jenny

 

 

Hi Jenny

 

Please do let us know how it is resolved i.e. we arranged affordable payments etc

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Hi cyberfruits

 

 

I just wanted to bump your post to see if you managed to get this sorted out.

 

 

If not please give me a shout.

 

 

Hope to hear from you soon.

 

 

Kind regards

 

 

Jenny

Customer Relations Manager

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