Devere Windscreen PCN claimform - residential parking - Bournemouth

[Janus]

ok, noted

[Janus]

cpr now done, sent

[brassnecked]

[Janus]

what is the next stage, start to file defense?

 

 

[dx100uk]

On 18/01/2021 at 13:42, dx100uk said:

you only have 33 days from the date on the claimform to file your defence.

 

not sure how many times this has been indicated here and in the sticky you followed to tell us about the claimform details.

 

you've been here +4yrs, part of cag is self help

 

use our search top right

PCN claimform

 

there are 1000's of threads to read indicating our 3 - 5 line defences.

 

post it up here well in advance 1st before filing it - but don't do that until just before the deadline

[Janus]

thanks dx, will do

[Janus]

reply from devere to cpr request :

 

Please note that we will not respond to any further communications via letter or email regarding this matter until ordered to do so by the Court.  

 

We have received your letter dated 15th January 2021 and respond accordingly.

 

This is now a Court claim that is progressing through stages within the County Court system.
Both Claimant and Defendant will be formally contacted by the County Court and they will
order both parties to submit to each other and the Court statements that we will both rely on
to either prove the Claim or prove the Defence.

 

Until such time as we receive the Order from the Court then we will not furnish you with those documents.

You will absolutely receive all documents in good time when the Court orders us to provide you with them.

We note that you will refer this reply within your Defence to our Claim.

[FTMDave]

Good news.  They haven't bothered to send the authorisations you asked for, so in your WS later you can say you believe they don't have them.

 

EDIT  Indeed in your defence now you can state that you believe the claimant doesn't possess important authorisations.

Edited January 26, 2021 by FTMDave

[brassnecked]

You will know they are clutching at strwas if they send you a letter saying they are pursuing their strong case but to save an online hearing they are asking for it to be "On the Papers" at which point you

insist there kust be a proper hearing online or whatever.

[Janus]

this is what I have so far , please advise :

 

 

Converted to PDF that way only registered logged in Caggers can see.

devere.pdf

[dx100uk]

think it might need a bit of fluffing out. but look like the basics are there

 

 

[FTMDave]

Excellent work!

 

I'd suggest a couple of tweaks.

 

In (1) it's just easier "The Defendant is the recorded keeper of xyz".

 

(3) should go at the end.  It's the summary and catch all clause.

 

Cut out (6).  CPR is evidence for the other points.

 

I think the bit about contempt of court is unnecessary, it's generally used in Witness Statements.

 

See what the others think, but I would be tempted to beef up (4).  Leave it as worded but at the end add "The non display of the permit is "de minimis".  Similarly leave (5) exactly as it is but conclude "Therefore I enjoy Supremacy of Contract".

 

 

[brassnecked]

Maybe add in 5  therefore Devere have no cause for action

[lookinforinfo]

Do your rights under the terms of your lease for parking are sufficient for you to park their without the need for a permit. 

 

If they do then there is no need to admit that you forgot to show your permit as that indicates you were at fault too. 

 

WE don't seem to have you asked about the terms of your lease and permits are often something that the parking crooks ask for rather than the landowner when issuing parking rights.

 

As it looks like that they are going to Court you should fill in the form below

 

PCNs often have faults that can destroy their case against you so that could well help your case. Also could you please post up their CPR   reply  to see whether that can help you also.

[dx100uk]

Ah hang on

i though you were at the witness statement stage

you are not

 

what you have put up is a ws.

not correct.

 

file our simple 3-5 !ines defence

dont use or state what you have already.

 

leave it generic

 

DX

[brassnecked]

Check your lease/Tenancy agreement for exact wording on parking  that will come in handy later

[FTMDave]

1 hour ago, dx100uk said:

file our simple 3-5 !ines defence

dont use or state what you have already.

 

leave it generic

Wooops!

 

Point taken dx.

 

So ignore the tripe I wrote in post 37.

 

Cut out points (4), (5) & (6) plus the bit about contempt of court.

 

Keep (1) & (2) but cut them down a bit.  Keep (3) and use it as your last point.  It's a catch all and covers you for virtually anything.

 

Please post up a revised draft.

[Janus]

thanks guys, apologies for any confusions,

 

I will post up revised issue with advice given

Edited January 28, 2021 by Janus

[Janus]

thanks everyone, here is edited version

dev def detail v2.pdf

[dx100uk]

Copy it as text here

 

so we can wdit copy if needed

[Janus]

1 hour ago, dx100uk said:

Copy it as text here

 

so we can wdit copy if needed

here is text :

 

 

 

1.      It is admitted that Defendant is the recorded keeper of xyz

 

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

 

 

Defendant’s signature:

 

Date:

[dx100uk]

30 minutes ago, Janus said:

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.

 

don't like that ...you are admitting the contract exists

it might not exist or be currently paid for this year by the landowner.

 

[Janus]

20 hours ago, dx100uk said:

 

don't like that ...you are admitting the contract exists

it might not exist or be currently paid for this year by the landowner.

 

ok, I will remove that part and submit