Okay I have just started to write a draft to put together as defence:
In The County Court
Claim No: XXXXXXX
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.
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.
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.
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
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
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]
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...89905.96346.0.98188.8.131.52.0.0.0.132.411.4j1.5.0.gsnos%2Cn%3D13...0.6527j13191631j6j2...1.34.partner-generic..5.0.0.NzHqsz5KVoY
Shocking pictures reveal ‘disgusting’ conditions inside Hermes depot where workers ‘feel like slaves’. Read more at https://www.consumeractiongroup.co.uk/topic/419726-shocking-pictures-reveal-%E2%80%98disgusting%E2%80%99-conditions-inside-hermes-depot-where-workers-%E2%80%98feel-like-slaves%E2%80%99/
Euro Car Parks issued this ticket to the police in Devon and Cornwall. Read more at https://www.consumeractiongroup.co.uk/topic/419522-can-anyone-identify-the-parking-company-which-issued-this-ticket-to-the-police-in-devon-and-cornwall/