Park Watch - Lease Car ANPR PCN Claimform - No Waiting - CROSSGATES SHOPPING CENTRE-CENTRE MANAGEMENT SUITE, LEEDS LS15 8ET *** Claim Dismissed***

[dx100uk]

As far as i can see you haven't admitted who was driving by what you did at AOS Stage on MCOL

and as @Andyorch points out, you cant change the defendants name anyway.

 

i think i'd simply ignore this mistake, and if it does come up at all.

you could explain to away as a stupid litigant in person mistake.

 

so i would move forward and get that CPR 3114 running i pointed too earlier

 

Your acknowledgment of service was received on 11/05/2022 at 08:06:03

 

was the last entry on mcol going by that PDF

 

blank generic defence due by day 33.

 

dx

 

[brassnecked]

So still all to play for,  the simple 3 line defence that gives nothing for them to work on likely most suitable.

[ShadesVFR]

Simple 3 line defence ?

 

Can anyone point me in the direction of the CPR 31.14 template please, and what documents should I be requesting ?

[dx100uk]

go back to  post 1 and use our sticky whereby it guided you to post up the details of the claim and scroll down to file a defence.

 

then goto my next post and read that as it tells you about the CRP 3114 to send

 

 

22 hours ago, dx100uk said:

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

 

[ShadesVFR]

Where is the sticky to file a defence. Nothing on post 1

[FTMDave]

Click on  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/

 

Then scroll down to  Q2) How should I defend?

 

There is a template defence.  However, due to AOS you have ages yet till you have to file it.

[brassnecked]

just post up what you propose to enter as defence so the team can advise any tweaks,

[dx100uk]

please read the red on our templates carefully. post hidden.

 

and also dont use docx.

all you pers details show in file info/properties

pdf uploads only!

 

dx

 

[ShadesVFR]

As for defence, I would have thought waiting in the car for 5 minutes in an area with very small signage, 10 minutes grace ? Then being charged a disproportionate amount for the pleasure.

Also I was the registered keeper, but not the driver at the time of the PCN.

 

Edited October 17, 2022 by dx100uk
PDF removed

[dx100uk]

why are you posting our temple up.?

it says not too

 

all you have to do is enter yours and their details and send it...

 

you dont play any cards in your defence , leave it generic.

 

we and they know you are the registered keeper as you would never had gotten anything else...

, it's the drivers details you never give away.

 

 

[ShadesVFR]

Update.

Gladstones have responded to my CPR 31.14 and I now have all correspondence which I previously binned.

 

They have also sent a copy of their completed directions questionnaire and intention to proceed to court.

 

They have asked if I was the driver on the paperwork from the CPR. Do I tell them now or leave it until court ?

[honeybee13]

I would say you don't have to tell them who the driver was, we don't normally recommend that. Wait for more views though please, as this is CPR.

 

HB

[dx100uk]

god no

scan up everything they have sent to one mass pdf please

 

check mcol see what the status of the claim is please

 

and what defence did you file?

 

dx

 

[brassnecked]

You don't ID the driver if you haven't done even in court.

[ShadesVFR]

MCOL status has my defence being received on 06/06/22 nothing else.

 

1. The Defendant was the recorded keeper of reg number

2. It is denied that the Defendant entered into a contract with the Claimant.

 

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.

 

Defence and Counterclaim
Claim number
Claimant
Defence Systems Limited t/a Park Watch
Defendant
How much of the claim do you dispute?
I dispute the full amount claimed as shown on the claim form.
Do you dispute this claim because you have already paid it?
No, for other reasons.
Defence
1. The Defendant was the recorded keeper of
2. It is denied that the Defendant entered into a contract with
the Clai mant.
3. As held by the Upper Tax Tribunal in Vehicle Control Services
Limited v HM RC [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.
Signed
I am the Defendant - I believe that the facts stated in this form are true
04/06/2022
Defendant's date of birth
Address to which notices about this claim can be sent to you

 

 

Gladstones CRP Return + N180.pdf

[dx100uk]

so usual willy waving to harass and intimidate by sending n180 early but poss NOt to the court at all!

 

watch the claim status 

 

 

[ShadesVFR]

dx100uk my thoughts exactly.

I have been logging on to MCOL daily and still nothing since 6th June

[lookinforinfo]

You rarely should advise who was driving and this is one case when you definitely  do not tell them.

[ShadesVFR]

One thing I have noticed after carefully looking at the signage they have sent me, is that "No Waiting" is not mentioned on the sign whatsoever, but I have been invoiced for No Waiting ?

 

[FTMDave]

Well spotted.

 

That's on top of no period of parking being shown.  You were there from 13:46 to ... er, 13:46.

 

Doubt the women on the mobile would appreciate her image being sent to all and sundry either.

 

Which one is supposed to be your car?  The one on the top left of the first image?

 

 

[brassnecked]

They are ignoring any grace period, so are trying to sue on a Prohibition no waiting. but a minute stopped could be contrued as thinking whather to bother parking.

[ShadesVFR]

Car is parked next to the Iceland van with my wife sat in it.

[FTMDave]

So the fleecers can prove that someone parked the car for the 20 seconds it took for the woman on the mobile to walk past, for an "offence" not shown on the signs which in any case were nowhere to be seen.

 

Good luck to them in court

 

You weren't the driver.

 

To establish keeper liability under POFA you would have had to receive the fleecers' PCN 14 days after the incident.  I've just seen the imbeciles didn't even send it till 17 days after.

 

If they have any sense at all they will withdraw this case at WS stage but if they really are so stupid as to continue to court you can enjoy giving them a thrashing.

[brassnecked]

And after thrashing them go after them for GDPR breach.

[ShadesVFR]

Update

 

DQ received by court 16/06/22