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Horizon Parking Claim - my defence was struck out - what next?

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Horizon Parking issued a claim - my initial defence was that I had insufficient information from them to confirm or deny the claim and that I had sent them a Subject Access Request.

 

Got a reminder from the court about a more detailed defence, so using the SAR, I completed and filed the following defence:

 

DEFENCE OF CLAIM BY ORDER OF DISTRICT JUDGE xxx DATED 20 JUNE 2018

 

1. I have received a copy of the Subject Access Request from Horizon Parking Limited and the paperwork includes parking charge notices and reminders from Horizon Parking Limited.

 

2. I have not received any evidence of a contract between Horizon Parking Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. In the absence of such proof, I would contend that Horizon Parking Limited have no authority to issue parking charge notices.

 

3. I have not received any proof of planning permission granted for signage, etc under the Town and Country Planning Act 2007, which puts into question any authority Horizon Parking Limited may have to issue or attempt to enforce parking charge notices.

 

4. I have not received details of any damages and indemnity costs added to the claim, specifically, the date they were levied, the amount of the charges, a detailed financial breakdown of how the charges were calculated, and what the charges cover. This means that even if the Claimant could demonstrate their authority to issue a parking charge notice, the overall amounts being claimed would be in dispute.

 

5. The signage in the car park is vague – it states: “Parking limited to 2.5 hours” but there is no mention of any penalties for exceeding this time limit.

 

6. The signage states in small print at the bottom: “If the driver of the vehicle fails to adhere to the terms and conditions of parking, a parking charge notice will be issued.” There are no terms and conditions readily available despite my request from the Claimant.

 

7. I contend that until such time as the Claimant discloses material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the Court to determine that money is owed to the Claimant.

 

I believe that the facts stated in this defence are true.

 

I thought this would be sufficient, but have just received a general order of judgement saying my defence has been struck out because it doesn't adhere to CPR 16.5

 

I phoned the court and they couldn't advise, so I would like to know what options may be open to me:

 

1. Can I appeal?

2. Can I submit a revised defence

3. Can I negotiate a payment plan with Horizon to prevent judgement being entered?

4. Anything else?

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and why didn't you atleast read here first rather than opening up all those cans of worms you have in the above defence?

99% are for your Witness Statement, if the case ever gotten that far...

 

 

its a simple 2 line defence that is CPR compliant.

 

dx

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did you sent CPR 31:14 too

 

you can appeal but chances are your outlay will be greater than the claim total?

 

time for an n245 and vary the judgement me thinks

 

shame you ran this alone as you've had such a good run with wins on here already..you should have been an expert at turning this around

 

cant see what part an sar plays either...

that only gives you data pertaining to you. its not a medium for requesting copies of contracts etc like the cPr is.

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Yes agreed - I should have come here first! I was so traumatised by the last claim and CCJ in 2015, I've tried to steer clear.

 

Total claim is over £700 as it covers several parking notices, legal costs, etc - I'm hoping to avoid the CCJ and re-defend with a sensible defence - is this possible or do I need to accept the CCJ and pay up/send N245?

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You cant use an N245 to vary a strike out of the defence...thats the judgment...you was given a second chance to make it CPR compliant...you lose.

 

You can submit a N245 to vary your payment arrangements...if its a forthwith judgment.

 

 

Andy

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And if I can settle the full amount withinn 28 days, the CCJ is removed?

 

It would be helpful to know what made my defence non-compliant for the future...

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