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ParkingEye ANPR PCN Claim Form - Over stay - KFC Walkden Manchester

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I thought CPR is only for loans and things with credit agreements and I’ve acknowledge the claim

 

Andrew


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Civil Procedure Rules cover all types claims ...civil and criminal


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get it running

 

you really must read up you've here long enough and are well aware of self help …..

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I’ve posted the cpr on Friday am I right in thinking I just need to type up the defence now 

 

Thanks 

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

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2 - 5 line std defence in almost every PCN claimform thread in the same forum of cag your thread is in 

due Friday by 4pm via mcol.

 

pop it up here 1st mind!

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Do I still need to get hold of the council to get the planning permission for the KFC car park for the defense? 
 

Thanks 

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

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Your defence should be very brief so as not tos how your hand too early to PE.  As dx says, get a draft from other claimform threads.

 

LATER you will need as much ammo as possible for your Witness Statement, so yes, suss out the planning permission for then.


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but yes no harm in getting to the bottom of it.

doubt you'll get any humans as its not important

but the info will be online you've just gotta find it.

but safe to say it will NOT 100% be 1hrs for sure.

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Okay I’ll keep trying to find the planning stuff for the witness statement. 
 

will this be okay for the defense?

 

What is the claim for – Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019. The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract). 

 

ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period. Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach. As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)). 

 

What is the value of the claim?

£175.00

 

defence.

 

 

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

 

2. It is denied that the Defendant parked in [carpark] at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in [carpark] as he has no recollection of this. The Claimant is put to strict proof of the same.

 

3. 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.

 

4. 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."]


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Bump


We live in a world where seeing is not believing, where only a few know what really happened.

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I'm not an expert but (1) seems to me to be a strange way to write ("it is admitted"), (2) seems you are playing games with the court, do you deny being the driver or not? and (4) seems superfluous.

 

You're on the right road with (3).  However, I'd make it more generic about you not having entered into any contract with PE.  That way later you can expand it later in case you find out they had no planning permission (which is illegal, so not contract formed) or they changed the parking time allowed (so no contract formed), etc., etc. 


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BTW, were you able to work out the timeline of the original letters PE sent you?  I ask as it's not a good idea to go down the route of using POFA protection (essentially your point (2)) if PE for once have got it right and established keeper liability.


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I was just using the standard defense offered in the link I was given at the beginning of this. 
 

is there any cases in here that’s close to mine?

 

Thanks 

Andrew 


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Posted (edited)

would this defense work for my case? 
 

1. The Defendant was the registered keeper of the vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.   

 

2. It is denied that any ' parking charges’ are owed and any debt is denied in its entirety because there can be no keeper liability so no cause for action against the defendant.

 

3.The claimant has failed to reply to my  CPR 31:14 request sent on 17/03/2019, thus has failed to show locus standi. The defendant does not believe they have the necessary contract with the land owner to bring any action against anyone under their own right.

 

3. Accordingly, it is denied that the driver breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct as no enforceable contract offered at the time by claimant so no cause for action can have arisen.

 

Edited by Ftgab19

We live in a world where seeing is not believing, where only a few know what really happened.

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A standard defence is just that, it needs to be tweaked according to individual circumstances.

 

A big difficulty for the PPCs is that they don't know who was driving the car.  So they got the POFA 2012 passed to allow them to transfer liability to the keeper, but only if they follow the timescales in the law.  The problem is that you're missing the early paperwork so we don't know if they did or not, so (2) is not a good idea.

 

If no-one more knowledgeable than me comes on by the time you have to file, just write something very generic like "no contract was formed with Parking Eye so there was no contract to breach" which you can then flesh out later in your WS.


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I’ve got until 4pm today to file 

 

I checked my credit report on all the sites and can’t find any searches by ParkingEye so I don’t no how they got my updated address. The car was at the address the PCN was sent. But the claim form got to my address which the car isn’t registered at.
 

I still can’t find any parking permission because I can’t figure out how to use the crap council website. 
 

So I’m panicking now because I can’t miss the deadline and need to file something 


We live in a world where seeing is not believing, where only a few know what really happened.

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PE nor any PPC cannot ever be licenced to have access to credit files

that will be the job of a DCA or employed trace agents that have a CSL licence 

 

dx

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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don't panic about the deadline

as said before in your other threads and prob this one too

you are a LiP which gives your certainly leeway

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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[edited - HB] I’ve missed the deadline 

 

forgot all about this as I’ve been on the phone for last 3 hours trying to sort benefits out as I’ve just lost my job today. 
 

Should I forget the case now or can I still submit it late? 


We live in a world where seeing is not believing, where only a few know what really happened.

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Slow down, Andrew. :)  dx told you in post #43.

 

HB


Illegitimi non carborundum

 

 

 

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file now


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24 minutes ago, BankFodder said:

file now

 

Sorry, please ignore this advice. Follow the advice from @dx100uk. I'm afraid that I hadn't read the thread properly before I answered


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Okay so I guess I’ve got a bit more time to file then. 
 

I’m assuming point 1, 3 and 4 of the defence is okay and I just need to change point 2? Or do I need to change it all? 
 

Thanks 

Andrew 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Ill pop in latter its quite simple really


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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go up here please and download the photos

we need to know WHAT you did wrong as all the POC says is over stayed

and you've lost the PCN with the originals on.

 

we don't know the timings .

 

https://portal.parkingeye.co.uk/

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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