ParkingEye/DCB(L) ANPR PCN no.1. 15/09/2020 - Letter of Claim now Claimform - - Hallsville Quarter, London Basement And Surface ***Claim Struck Out***

[jk2054]

I can see you've done this on paper.  In case your not aware the form is available online so you can just type, download as PDF and send if you rather.

Anyway, I'd normally suggest that you strike through defendants legal rep and lit friend. so the only option under your sig is your name.

Also, for DCB's copy I'd say to remove your email and phone number, keep it in the courts copy but take it out of DCB legals copy. Leave them your address for paper and NOTHING else

 

Rest is fine yep

[Karalius]

Hi JK,

Apologies for any confusion on my end. Just to clarify, do I need to send a copy of the Acknowledgment of Service (AOS) to DCBL as well?

Thanks

[dx100uk]

nope 

dx

 

[brassnecked]

Let DCBL sweat  they will know soon enough its a defended case so not an easy default pushover.

[jk2054]

Yes you do

It gets sent automatically on the online portal tho so you don't need to manually

[dx100uk]

sorry you don't..

Notice to claimant that defendant has filed an acknowledgment of service

10.4 On receipt of an acknowledgment of service, the court must notify the claimant in writing.

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PART 10 - ACKNOWLEDGMENT OF SERVICE - Civil Procedure Rules (justice.gov.uk)

.........

 

[jk2054]

EVRi got told off for not doing it but ok

[Karalius]

Good morning all, I just wanted to check if I should slowly start preparing the defence for this case? Thanks

[honeybee13]

Well not too slowly. It's due on the 26th, is it?

HB

[dx100uk]

On 02/04/2024 at 12:11, honeybee13 said:

 

your defence is already done further down in this sticky..

dx

 

[Nicky Boy]

Please post a copy of what you intend filing here first, for scrutiny by the team.

[Karalius]

Hi and thanks. Would it be just as simple as below defence, or do I need to write up a witness statement along with this? 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  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.  The Defendant is the recorded keeper of vehicle xxxx xxx.
 2.  It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD.
 3.  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 car park 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. 
 4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.
 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 
 6.  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.

[dx100uk]

WS exchange is not till 14 days the actual hearing .....which might never happen

that looks ok to me.

let the experts check

dx

 

[Nicky Boy]

@FTMDave

Dave,

We've recently seen one or two PPC's pulled up on their POC before, without really knowing what was spotted by the Judge.

How about adding a section to draw the attention of whoever reviews the claim, to the fact that the claimant can't even decide whether they're pursuing the driver or keeper?

X. The claimant has not specified whether the defendant is the driver or the keeper. This makes any meaningful defence difficult, if not, impossible.

[FTMDave]

Nick - it pains me to say it, but I think their PoCs are OK.  They do say "the defendant is pursued as the driver" and then add that if that fails they use POFA to pursue as the keeper, which I think is alright.

Karalius - maybe I'm dreaming this, but I have it in my head that they send you a LoC for £160 and later another for £170.  Is that right?  It's hard to tell from your attachments as you've had to delete some for space.

[Karalius]

Hi Dave, 

I just looked through the letters and I can only see one LoC issued for £170. 

Thanks

[FTMDave]

Apologies for wasting your time

I must have got your case mixed up with someone else's.

Anyway, your defence is fine.

[Karalius]

Thank you. Should I wait and submit the defence the night before it's due i.e. 26th April due, and submit it on the 25th, or should I do it now? 

[lookinforinfo]

Afraid I agree with Nicky.

PE should know by now whether they are chasing the driver or the keeper.

Sheer laziness and incompetence from DCBL.

Under PoFA if the PCN has not been paid within 28 days the keeper then becomes responsible for payment providing the PCN was complaint.

They should surely know that and surely means that they do not know who was driving.

They cannot assume the driver and the keeper are the same person so are on a fishing expedition to see if the keeper will crack.

I would be complaining at the poor quality of the Claim and ask for the Judge to throw it out.

[Nicky Boy]

3 hours ago, Karalius said:

Thank you. Should I wait and submit the defence the night before it's due i.e. 26th April due, and submit it on the 25th, or should I do it now? 

I'd leave it late to keep them guessing, but not too late.

Maybe 3 or 4 days before the deadline... MCOL has been known to have down times.

BUT... Don't forget! (It has happened before).

[Karalius]

Thanks, everyone! I will aim to get the defence in on the 22nd of April Monday! 

[Karalius]

Hi,

I've just got attached letter from DCBL. I guess they will be moving forward with the case. They seem to have acknowledged the CPR request. Let's see if they will provide it. 

DCBL 16-04-24.pdf

[jk2054]

Ye thats fine. They should come back before the date of your defence BUT

 

IN ANY CASE YOU MUST FILE YOUR DEFENCE. DO NOT AWAIT THE PAPERWORK PAST YOUR FILING DATE.

[Karalius]

Hi guys, I am about to file my defence via email as cannot log in to the claim anymore. 

Can you please advise if I can paste below and if it's good to go for now, or should I add anything else in? 

Thanks! 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  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.  The Defendant is the recorded keeper of vehicle xxxx xxx.
 2.  It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD.
 3.  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 car park 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. 
 4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.
 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 
 6.  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.

[dx100uk]

std default defence cant hurt

dx