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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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Muffin13

HELP! Bristow & Sutor Enforcement over council parking fine- vulnerability, surprise visit

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Hi all,

 

I'm new here but have long known about this forum and it's expertise.

I've found myself in a bit of a rubbish situation so hoping someone can offer some advice beyond the basics that I've googled.

 

Brief history- I am disabled, live alone, not working due to illness (mental health issues too).

 

Yesterday I was in bed poorly when someone knocked at the door.

It was an enforcement agent from Bristow and Sutor.

Apparently I had a parking fine issued by South Gloucestershire council last summer.

 

Looking at the date, number plate and location of the fine (which I had to ask him to show me)

I had a hire car for a short period of time (whilst waiting for motability car) and parked on a restricted parking zone.

I am certain I would have displayed my blue badge but I can't prove that now?

 

I knew nothing about this charge until the bailiff arrived yesterday!

He said they sent a letter on 24/01/18 but I haven't received one.

Apparently that would have given me more options and the £235 wouldn't have been added on at that stage :(

 

The amount owed is £423.00, including an enforcement charge of £235.

I can't see a breakdown of costs other than that.

 

The piece of paper he gave me says 'Notification of Enforcement Visit' and 'warrant of control'.

He wrote on it that I have to call him before 4pm on Monday to make full payment or discuss this with him.

Apparently I can't call B&S direct now.

 

Now,

despite not having a notice about this fine before, the date and time and location points to it being me (I looked back, and I definitely had the car then and it's a street I often park on), so I'm willing to accept that I owe the money but my questions/points are...

 

1. I do not have anything like the £423 to pay them.

I could spare about £75 out of my housing benefit when it lands on Monday and worry about the rent later, but the full amount is out of the question.

 

I'm struggling to eat and pay bills as it is (rent higher than housing benefit will cover, my husband left me last year so I'm on a single benefits income etc etc etc)

 

2. I have a blue badge and my car is a motability car, so not mine- they can't take that, is that correct?

 

3. I did not let him into my property (in my dazed and shocked state I somehow remembered that) but if he visits again I'm sure he'll knock at my landlord's door next door and there is a possibility he will likely let him in.

He's not a great guy, but also not very clued up and would probably freak out at the sight of a bailiff and feel it's his responsibility

 

4. Do I count as vulnerable due to my health issues, and what does this mean? What consideration do they have to give me?

 

5. At this point, if I call and offer £100 and then a weekly payment arrangement, are they obliged to accept or negotiate this, should I pay the £100 anyway first thing Monday?

 

6. If I do make a payment arrangement, does this mean I have to let them into my property and let them take an inventory?

 

I guess I just want to know the best course of action to resolve it as quickly as possible and without losing my stuff or opening my home up to a stranger, I panic at strange people coming to my house at the best of times.

 

I'm feeling very ashamed at having gotten myself into this mess in the first place and my anxiety levels have shot through the roof but I'm trying to keep calm and figure out what to do.

 

Any advice would be much appreciated- I think I've given plenty of detail here but can provide more if needed.

 

The terrible irony is that had I got this fine last year, I had some savings due to my divorce and would have easily been able to pay it :(

 

Thanks for reading!

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You say you had a hire car. I would contact them and ask if they have received anything about this and if so did they pass your details on.


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I am going to do this, I’m just not sure what it will change, if anything?

I definitely remember signing something saying I was responsible for any fines whilst I had the car

(I remember this because I thought I’d gotten caught speeding but I hadn’t been- or at least not that I know of!!)

so either way it would be down to me to resolve?

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Brief history- I am disabled, live alone, not working due to illness (mental health issues too).

 

Yesterday I was in bed poorly when someone knocked at the door. It was an enforcement agent from Bristow and Sutor. Apparently I had a parking fine issued by South Gloucestershire council last summer. Looking at the date, number plate and location of the fine (which I had to ask him to show me) I had a hire car for a short period of time (whilst waiting for motability car) and parked on a restricted parking zone. I am certain I would have displayed my blue badge but I can't prove that now?

 

I knew nothing about this charge until the bailiff arrived yesterday! He said they sent a letter on 24/01/18 but I haven't received one. Apparently that would have given me more options and the £235 wouldn't have been added on at that stage :(

 

2. I have a blue badge and my car is a motability car, so not mine- they can't take that, is that correct?

 

4. Do I count as vulnerable due to my health issues, and what does this mean? What consideration do they have to give me? Thanks for reading!

 

The vehicle involved in this contravention was a hire car and accordingly, what would have happened would be that the initial notice from South Gloucestershire Council would have been sent to the hirer company and, as in the case with all hire firms, they would have responded to ask the council to transfer the liability to the person who hired the vehicle. In this respect, they would have provide the name and address as provided by you.

 

I cannot tell you have many times I have encountered problems with hire vehicles and where the hire company had provided the wrong address (for the hirer). Another added difficulty, is that most hire companies receiving notices from local authorities, charge a hefty 'administration' fee to the debit or credit card provided by the hirer (in one case yesterday, the hire company had charged £85 and in another £90).

 

When you hired the car, were you living at your current address? You would have been required to provide a copy of your driving licence. Does this have your current address? Have you checked your bank or credit card statement to see if you have been charged an admin fee?

 

Although you have a Blue Badge, that in itself does not mean that you would be exempt from bailiff enforcement or indeed 'vulnerable'. Given the importance of this subject, I will write further on this point later.

 

Having a Blue Badge displayed on the vehicle would mean that the vehicle itself is exempt from seizure. Being a Motability vehicle would also mean that it is exempt.

 

What you need to do is to contact the hire company and make enquiries as to the address that that they would have provided the the council.

 

Ps: If the wrong address had been provided, then it is a simple matter of submitting an Out of Time witness statement.

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I am going to do this, I’m just not sure what it will change, if anything? I definitely remember signing something saying I was responsible for any fines whilst I had the car (I remember this because I thought I’d gotten caught speeding but I hadn’t been- or at least not that I know of!!) so either way it would be down to me to resolve?

 

You’re a habitual speeder?

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I was living at this address, and my driving licence has my current address on it.

I remember signing paperwork that mentioned an administration charge but I don’t recall one leaving my account (I would need to double check that though).

 

I have had multiple issues with post at this address, so it’s entirely possible that at some stage letters were sent and delivered elsewhere

- I’m always getting post for other house numbers (it’s a very long road and I try to redeliver these letters to the correct address but I’m assuming not everyone does!).

I have complained to Royal Mail but nothing has happened.

 

I’ve missed hospital appointments and gas bills etc but it makes me wonder what I’ve missed that I’m not aware of.

 

I was also facing being evicted by my landlord due to having pets and at the time the stress of that caused me a great deal of anxiety and worsened my health issues- and my cognitive ability suffers a lot when this happens.

 

I’ve searched through old paperwork to see if I missed a letter, or if my career put post away somewhere and I never saw it (which also happened a lot, one of many reasons I no longer have carers!) but can’t find anything yet. this is an aside and doesn’t exempt me from fines, I realise!

 

My main concern though is that this guy is not very pleasant and I do not have the £423 to pay him on Monday.

 

How can I deal with him?

Even if I can get somewhere by contacting the hire company etc etc I can’t see that the bailiff will be happy with this as a response.

 

He terrified my upstairs neighbour yesterday and I don’t want to worry them either, and I also know that my health will seriously suffer if I’m worrying about a knock at the door at any moment.

 

Essentially, I’m not so much looking to get out of the debt (although if I could this would be great of course), more find a way of paying it that doesn’t involve losing my tv etc...

 

You’re a habitual speeder?

 

Errr, no. Not at all.

Not sure of the relevance, but I was on the M25 and the changing speed limits caught me out (60 to 50, etc etc).

 

I had slowed down but wasn’t sure if I had slowed down in time.

I returned to driving last year after a long period of not driving and was regaining my confidence on the motorway, hence I remember this incident

- it was my first time on the M25 since they introduced the variable speed limits and it was a tough journey! I’ve never had any fines or points on my licence ever before.

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surely the council will have photos which show the BB on display where the hire car was parked?


..

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Possibly, although as I said above I’m sure I would have put it on display, but I can’t be sure.

 

Im not necessarily disputing the debt; I’m just trying to find a way of dealing with the bailiff and understand my rights in this situation.

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Im not necessarily disputing the debt; I’m just trying to find a way of dealing with the bailiff and understand my rights in this situation.

 

I appreciate what you are saying but, if it is the case that all previous notices had been wrongly addressed, then as long as you submit a properly drafted Out of Time witness statement, and it is accepted, the council will then 'rewind' the ticket back to the Notice to Owner stage allowing you to pay the charge at the earlier rate (of around of £40 to £50) which would surely be better for you financially.

 

if it is the case that you had not received one of the three notices from the council (the Notice to Owner, the Charge Certificate and the Order for Recovery), then it is not unusual. To not receive two of the notices is very rare but to not receive any of them and to also not receive the Notice of Enforcement from Bristow & Sutor, would indicate that there is something wrong with the address where all notices form the council had been sent.

 

If it is the case that you cannot obtain information from the hire company, then you really do need to speak with the local authority on Monday morning.

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Just wanted to say thanks so much for your advice.

 

I agree it is weird and unbelievable to say the least that I haven't seen any letters

- mind you I think my reluctance is due to the fact that as I said above

I can't rule out that a pile of post got shoved aside with junk mail at some point when I felt too ill to think straight

 

- I would never knowingly ignore something like this but I may have done so without realising, something which sadly, I am very good at doing when my physical and mental health issues are at their worst.

This has definitely got me doubting myself!

 

I think I shall call the council first thing in the morning, and see what they say.

 

I wish I had done so on Friday when I had the visit but I was in too much of a panic to think straight.

I have not heard back from the hire company but I can call them too in the morning.

 

Thanks again.

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