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    • The Defendant contends that the particulars of claim vague and are 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. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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Parking Pain 108

Parking Eye ANPR PCN Claimform - 10mins overstay - Lido, Ethelbert Ter, Margate **STRUCK OUT**

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Otherwise I could simply say

 

The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all due to the claimants self declared grace period of 10 minutes or more as stated in the claimants own documentation. [included as attachment]

 

["ParkingEye operates a minimum grace period of ten minutes or more on all sites which gives the motorist time to enter a car park, park, and establish whether or not they wish to be bound by the terms and conditions of parking.

A grace period of 10 minutes or more is in place at this site which is fully compliant with clauses 13.2 and 30.2 of BPA code of practice which states ‘If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes"]

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OK thanks, I've not dealt with a county court claim before - you say the usual two? you mean these two below? or something else there is no 'usual' for me!

 

 

1) It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2) It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

 

3) The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all due to the claimants self declared grace period of 10 minutes or more as stated in the claimants own documentation. [included as attachment]

 

["parkingeyeicon operates a minimum grace period of ten minutes or more on all sites which gives the motorist time to enter a car park, park, and establish whether or not they wish to be bound by the terms and conditions of parking.

A grace period of 10 minutes or more is in place at this site which is fully compliant with clauses 13.2 and 30.2 of BPA code of practice which states ‘If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes"]

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Better but take out the waffle and repeats and ref to the relevant codes

Thats for later


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OK so then like this?

 

 

1) It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2) It is denied that the Claimant entered into a contract

 

3) The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all due to the claimants self declared grace period of 10 minutes or more as stated in the claimants own documentation.

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start of 3 'The Particulars of Claim is denied in its entirety' take it out

 

2) It is denied that the Claimant entered into a contract …...should that not read ,,,,it is denied the defendant entered into a contract with the claimant because….

just put a brief reason why.

 

 

in my eyes that perfect now well done!


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Great thanks

I'm not sure on the 2nd clause tho??

you say give a brief reason why

 

.... because the proper Claimant is the landowner.

 

Or

Because the driver was there purely to fix sat nav?

Edited by dx100uk
merge

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Please ready what dx wrote. You put the absolute basics in your defence. Then you elaborate them later on IF and a big IF, the case ever gets that far. The defence you enter on mcol isnt your final defence. Its just the basic one to show you follow procedure.


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no they are not reasons

 

something about the signs is best, saw no obvious signage that restricted a short 10 mins stay to get my bearings


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Do as DX suggests get that defence in now CLOCK IS TICKING. Don't give Parking Eye a nice easy default.


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hang fire 10mins or so

I see EB is around he's going to pop in for you

 

post up what you are going to file by mcol again

 

dx


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1) It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2) It is denied the defendant entered into a contract with the claimant because there was no obvious signage that restricted a short 10 mins stay (also inadequate lighting in the car park?)

 

3) It is denied that the Claimant is entitled to the relief claimed or any relief at all due to the claimants self declared grace period of 10 minutes or more as stated in the claimants own documentation.

 

Is it good to mention the lack of lighting also?

-also the general state of repair being very poor - missing posts, no lighting, faded bay markings etc

or is the above sufficient?

Edited by Parking Pain 108

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OK how about writing something in english that is short and to the point.

So something like

 

"1. the defendant denies that any moneis are due to the claimant because there was no breach of contract to create a cause for action. The claimants AccreditedTrade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to parkand other actions before any contractual condition can be applied. The defendant was not there for longer than the grace period and no contract was entered into.

2. In any case he defendant does not believe that the claimant has the lawful authority to eneter into contracts withthe public at this site"

 

 

that will cover the points you will make in detail later.

 

get this off NOW. Paper copy to PE. The courts will allow a bit of leeway for late submissions but dont push your luck by leaving it any longer

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OK Thanks ericsbrother - (just need to finish form and scan and email only takes a minute to do)

 

So just to double check you think theres no need to mention the signage or lighting/condition of the car park? Just send the above?

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NO nothing else said that enough times. those for later...

 

file it by MCOL as you did the AOS earlier

just click the defence box copy n paste

you have 20mins [must be done by 4pm TODAY]

 

as for the papercopy to PE

that can be posted tomorrow if needs be


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OK thanks I emailed it to the address someone from the court gave me - ccbcaq@justice.gov.uk - so I presume they know what they're talking about!

Might be confusing to upload at MCOL as well?.

 

I'll post a paper copy to PE as well

 

I'll let you know when I hear anything

 

Thanks for the help

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No file it on mcol

Thats what it is there for


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I know it’s scary to receive court papers but please trust the advice you are being given. Just make sure you post any and all correspondence you receive from PE/court on this thread and follow the advice given.

 

PE are looking for an easy win, they are hoping you’ll roll over and pay. When they discover you are fighting back they will step up the pressure in the hope they can intimidate you into paying..

 

When I filed my defence against PE I receive an onslaught of letters from PE. The purpose of the letters was to intimidate me into paying. When that failed they “generously” offered me a discount and agreed to withdraw the case if I agreed to pay. I didn’t respond to the letters and just waited to hear from the court.

 

MCOL wrote to PE to ask if they intended to proceed with the claim but PE failed to respond to the court. MCOL made the decision that the case would be stayed and if PE wanted to proceed they would have to make an application to the court to have the stay lifted. The cost of this is more than the actual claim so it’s extremely unlikely PE will proceed with this course of action.

 

If you follow the advice you are given it’s extremely likely your case wiwill either be stayed or dismissed.

 

Just a friendly suggestion but if you can please remember to make a donation to the site afterwards as a thank you for all the help you’ve received. That’s what I did anyhow

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upload to MCOL and send a paper copy to PE.

I have made an error in this defence but it will do as you can explain in detail later in your witness statement. You will need to read up on the unfair contracts regs and s62 of the Consumer rights ac

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ok thanks:

yourturntopay: yes thanks for your advice will do regarding the donation

 

dx100uk: I rang the court today they said they received the defence yesterday and it was in time,

 

ericsbrother: ok I'll have a look at those unfair contracts regs and s62 of the Consumer rights ac - what error did you make in the defence?

 

 

 

thanks dx100uk & ericsbrother

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I thought it related to an entry and not to an overstay. It doesnt matter too much as it is about a parking event, not the time you were there so the arguments about grace period are the same

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Hi

I was recently away and when I returned I received a letter from Parking Eye about settling the case through mediation, I was wondering how I should best respond?

Directions Questionaire Small Claims Track 1.jpg

Directions Questionaire Small Claims Track 2.jpg

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you don't

you await your N180 from the COURT

go read like threads

get upto speed

you should be using your 'downtime' between parts of the court process to read as many PPC claimform threads as you can


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You are welcome to use any of the photos I have of the lido car park. I often pass the car park as is near my place of work. If you need any additional photos of the car park then please let me know.

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Hi youturntopay thanks again

 

I guess this will sound stupid but I just found a letter my wife had tucked away while i was abroad it is the "Notice of allocation to the Small Claims Track" which includes the N180 which is due... tomorrow 8th October. Yes I realise it doesn't look good.

Its asking if I agree to the case going to mediation, if i agree this is appropriate, if i wish to use written evidence of an expert etc

I understood I should not agree to mediation but just read somewhere that the court expects you too?,

 

In any case I'm reading up on it now but thought I should make a post quickly as it needs to go off tomorrow!.

I will try to upload the form now. - I realise I messed up time wise but any advice would be greatly appreciated.

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