KBT Cornwall ltd/BW ANPR PCN Claimform - (Sennan Top CarPark) Mayon Green Tr19 7St cornwall ***Claim Dismissed***

[FTMDave]

Good grief.  Have you acknowledged service?

[FTMDave]

Sigh of relief time!

 

I think the deadline is 14 January.  You have a week.

 

Can you tell us please, with brief bullet points, how you ended up with the court case and which paperwork you have received so far.

[FTMDave]

I remember you and your previous thrashing of Simple Simon in court, so you know the ropes very well.

 

Don't worry about the initial defence, we have a bland template which covers all cases.

 

It having been impossible for you to be the driver will help, although the fleecers have respected POFA time frames this time for transferring liability to the keeper.

 

A number of questions spring to mind.

 

What actually happened?  The fleecers can't be bothered to say with their either/or PCN.  Did the driver not pay or pay & overstay?

 

Did they send a Letter of Claim?  If so why was it not replied to? (obviously you were out of the country, I mean by the person who was driving).

[FTMDave]

And you are right!

 

 

[FTMDave]

Well, the time frames would match.  Date of "offence" 21 June 2022.

 

These newspaper articles 1 & 2 July 2022.

 

However, we need to know what the driver actually did, and if they have proof of payment.

[FTMDave]

The defence part is easy as scribbled before, you just file a generic defence.

 

Go to  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/

 

Scroll down to  Q2) How should I defend?

 

There is the defence.

 

1 hour ago, scotswestie said:

• I was not the driver.
• I was not in country at the time stated on Documents.
• other persons had use off car whilst I was abroad.

Yes, you keep stating this.  But later down the line the fleecers will retort "Schedule 4 of the Protection of Freedoms Act gives us the right to transfer liability from the driver to the keeper".

 

This is a beauty spot.  People go there for a day out.  It's not like popping to the supermarket.  It's inconceivable that the driver can't remember what happened.  Did they pay or not?  If so, did they overstay?  Or did they get caught out by the three digits business?  If they paid, how did they pay?   

[FTMDave]

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 XXXXX.

 

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.

[FTMDave]

Well done on your victory! 

That's me having to update the PPC Successes thread twice today