EXCEL PCN 2015 Peel Centre now BW claimform

[hollieollo]

Can you advise on my proposed defence?

[dx100uk]

well until/unless they reply to your 31:14 we don't really know do we.

 

 

you've weeks yet before you need to file it

 

 

dx

[hollieollo]

Yes, you are right. I will let you know when they reply.

Thanks.

[ericsbrother]

so,

tell us if they respond by the 25th and if not we will pen a skeleton defence.

 

 

This will just be bullet points for the moment,

you will have bags of time to go into all of the detail when you are told to exchange statements and documents,

normally a fortnight before the hearing.

 

 

They wont want that to happen so you may get a request for a paper hearing .

 

 

Object to it if you do.

[hollieollo]

Thanks. I will let you know if there are any developments.

[ericsbrother]

if they dont respond in time come back here pronto though, we dont want to miss the defence deadline.

[hollieollo]

if they dont respond in time come back here pronto though, we dont want to miss the defence deadline.

 

No response from them as at Friday 26th August.

What is the next step?

[dx100uk]

Defence not due till/by 4pm 06/09/2016

 

No harm in looking at bw excel VCS claimforn threads already here mind and finding what to put

[hollieollo]

Today I received a letter from BW Legal.

No mention of the CPR 31.14 letter I sent to them by recorded delivery.

 

Their letter is just referring to their previous letter and saying that I have until 14th September to pay the balance of £54 legal fees + £100 parking charge?

 

They also say that if I do not respond they will initiate court proceedings?

 

But they have already instituted court proceedings?

 

What are they on about?

 

Regards

 

Chris

[dx100uk]

same letter anyone that sent the one line denial letter has got

 

ignore

[honeybee13]

Hello there.

 

Have they said they 'will' initiate legal proceedings or have they worded it another way please?

 

HB

[hollieollo]

Hello there.

 

Have they said they 'will' initiate legal proceedings or have they worded it another way please?

 

HB

Here is the letter I received yesterday.

Incidentally, I have to file my defence before 6th September.

 

Chri

[dx100uk]

Att removed persinfo showing

Doesn't say will anywhere

 

But anyway they already have issued you a claim!!!!

[hollieollo]

Att removed persinfo showing

Doesn't say will anywhere

 

But anyway they already have issued you a claim!!!!

 

Thanks for the reply. Sorry about the attachment

 

I think I should be looking at my defence tomorrow?

 

Chris

[hollieollo]

Also, they have not responded to my CPR 31.14 letter.

[dx100uk]

by 4pm 06/09/2016

there are already defences filed here matching the poc you have

have a look

post it up here first

dx

[hollieollo]

by 4pm 06/09/2016

there are already defences filed here matching the poc you have

 

 

I have had a look,

but I cannot find any defences matching mine at present.

That isn`t to say there aren`t any. I just cannot find them.

 

My defence is that the first notice or PCN came 5 months after the so-called contravention.

 

 

My understanding is that they have at most 28 days to issue that PCN.

 

 

Secondly, their photographs merely show the vehicle entering and exiting the car park.

There contention that no ticket was displayed has no proof.

they have no photograph of the vehicle in a bay without a ticket displayed.

 

This was a new vehicle bought only a few days before this so-called contravention.

My daughter uses it as a carer for me and she says she bought a ticket,

but may have entered an incorrect, but valid, registration.

 

I do not see that they7

have any valid proof and in any case their first PCN was out of date when it was sent.

 

If you think that is not right, please let me know.

 

Chris

[dx100uk]

if this is their poc from post 8 here in your thread

 

 

1.The Claimants Claim is for the sum of £100 being the monies due from the Defendant to the Claimant in respect of a parking charge Notice(PCN) issued on 10/02/2015(Issue Date) at 14.41.06 at Peel Centre - Stockport Anpr Charging Scheme Std(60-100)

The PCN relates to Vauxhall under registration ******.

 

2.The terms of the PCN allowed the defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so.

Despite demand having been made, the Defendant has failed to settle their outstanding liability.

 

3.The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 10/02/2015 to 04/08/2016 being an amount of £10.84.

 

The Claimant alsi claims £54.00 contractual costs pursuant to PCN Terms and Conditions.

 

 

type in peel centre claimform in the search cag box of the top toolbar

[ericsbrother]

so your defence is that

1. there is no cause for action against the defendant as there is no keeper liability inder the POFA as the claimant failed to follow the protocols of the act to create one.

2. the claim is that no ticket was purchased and displayed in the prescribed manner. This is denied and the claimant has offered no evidence that any action by the driver at the time has lead to a breach of this purported condition in the contract supposedly offered and accepted at the time.

3 that in any case, the driver paid the prescribed fee so no loss caused to the claimant and no other cause for action as there was no breach of contract.

 

Detail about each point will be given when the courts tell you to exchange documents. In the meanwhile get a copy of th signage at the entrance to the car park, any other signs and also what is written on the ticket machine. Most of this will show that what they claim is not a contract anyway as the signs should be clear and contain everything needed for offer and consideration If their one armed bandit has more or different terms on it then the signage isnt a contract anyway but an invitation to treat and you are allowed to consider and reject the small print elsewhere or on the ticket machine.

[hollieollo]

Thanks for your help.

I am aware that from your earlier post I have until 6th September to file my defence. I assume that the details to do that are on the original CC Claim Form?

I will get the information you have mentioned.

Incidentally, they have not responded to my CPR 31.14 request.

I will file that defence tomorrow and let you know when I have the information about signs etc.

[dx100uk]

You file your defence on the mcol website

Same as you did the AOS

[dx100uk]

The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

1.the claimants solicitors have failed to respond to my CPR 31:14 request made on XXX by royalmail postal service requesting any documentation or relevant contracts with the land owners that allow the claimant to issue claims upon the landowners behalf.

 

 

2. there is no cause for action against the defendant as there is no keeper liability inder the POFA as the claimant failed to follow the protocols of the act to create one.

 

3. the claim is that no ticket was purchased and displayed in the prescribed manner. This is denied and the claimant has offered no evidence that any action by the driver at the time has lead to a breach of this purported condition in the contract supposedly offered and accepted at the time.

 

4 the driver paid the prescribed fee so no loss caused to the claimant and no other cause for action as there was no breach of contract.

[hollieollo]

I have submitted my defence. Unfortunately, I sent the wording supplied by `ericsbrother` this morning before I received the fuller version from `dx100UK`.

Presumably I can either amend it of submit the fuller version at a later stage?

[dx100uk]

no issue let it run

[ericsbrother]

advantage of a skeleton defence is you can fill it out later with almost anything you want whereas if you supply a detailed defence from the outset you are limited to that.