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Parking awareness Services pcn ticket help needed, PCN ticket on car county court form received help needed please
kk7007
post Tue, 2 Oct 2018 - 18:25
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Hi

in 2017 a car was parked in a rough car park area but it had small signs as i later went back and checked i have uploaded the claim form with
the pictures of the car park and the signs and locations of the signs.

a sticker pcn on the car screen and then letters.

now the county court claim which i know i need to reply to just wanted the best way to reply so i thought best to take some pics of where the car supposedto be parked was parked,

best regards

i have pictures of the car park and the small signs and lack of signs

This post has been edited by kk7007: Tue, 2 Oct 2018 - 18:56
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post Tue, 2 Oct 2018 - 18:25
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kk7007
post Wed, 3 Oct 2018 - 13:14
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what part do i need to change sorry im very new at this
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nosferatu1001
post Wed, 3 Oct 2018 - 13:42
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Starting again

Youre making a request for documents. Start with that first.

WE know youre new, but I literally told you this
You cant just copy and paste. You need to read and understand. This isnt instant. This is not quick. But welcome to the court process.
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kk7007
post Wed, 3 Oct 2018 - 13:50
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Thanks for the advice can i adjust someone else's defense that sort of fits my case and adjust the parts i need to adjust,
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kk7007
post Wed, 3 Oct 2018 - 14:03
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BW LEGAL
Enterprise House
1 Apex View
Leeds
LS11 9BH

With Reference to Claim No XXXXXXXX

I request Copy of all documents You hold and will be reliant upon in court.You are already in possession of these documents, as a part of your professional due diligence,
I require them within 7 days from the date of service of this letter.


Signed X XXXXXXXX
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nosferatu1001
post Thu, 4 Oct 2018 - 06:41
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You hsould give examples of the documents you require, such a sa copy of the notice to keeper, notice to driver (if any), the letter before claim, copies of the contract they allege was created, as given presumably by any signage, a copy of their lcients contract with the landholder giving them the appropriate standing in this case, etc.

You of course pick someone elses defence
If the keeper has not at any point named the driver, then one common point is "no POFA compliance" meaning the keeper as defendant cannot be held liable.
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kk7007
post Fri, 5 Oct 2018 - 09:36
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BW LEGAL
Enterprise House
1 Apex View
Leeds
LS11 9BH

With Reference to Claim No XXXXXXXX

I request Copy of all documents see list below, that you hold and will be reliant upon in court.You are already in possession of these documents, as a part of your professional diligence,
I require them within 7 days from the date of service of this letter.

1. Copy of the notice to keeper.
2. Copy of notice to Driver if any.
3. Copy of the letter before claim
4. Copy of the alleged Contract
5. Copy of the contract between B W legal and the landowner that explains their standing in this case.
6. Copy of any other paperwork that is relevant that you hold for due diligence



Signed X XXXXXXXX

This post has been edited by kk7007: Fri, 5 Oct 2018 - 10:16
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Sheffield Dave
post Fri, 5 Oct 2018 - 12:00
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Make that:

I request a copy of all documents that you hold and will be reliant upon in court, including but not limited to, the list below.

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kk7007
post Fri, 5 Oct 2018 - 15:10
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all done and posted
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kk7007
post Mon, 15 Oct 2018 - 08:34
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sorry for delay in replying i had a seizure and was at the hospital i have had no reply from the letter i sent to them.

if they didnt reply to my requests whats the nest best move please im sorry im new at this and have been a bit stressed of late
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kk7007
post Mon, 15 Oct 2018 - 09:38
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Signage being non illegal at the entrance of the land please any advice on this?
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kk7007
post Mon, 15 Oct 2018 - 10:23
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Defence to Parking awareness County Court Claim

It is admitted that Defendant is the registered keeper of the vehicle in question. I the registered keeper deny all elements of their claim except what i have admitted.

However the Claimant has no cause of action against the Defendant on the following grounds:-

1. Notwithstanding that the Claimant claims no right to pursue the Defendant as the registered keeper under The Protection of Freedoms Act 2012, the Claimant has failed to meet the conditions of the POFA Act and has never acquired any right to pursue the Defendant in this capacity if it cannot identify the driver.
1a No documents were received from Parking Awareness with exception to the county court claim paperwork which was received and a request was made to fully comply to due diligence and issue the Defendant with all relevant copies .
1b A request was sent To BW Legal for all copies of relevant paperwork to be sent to the defendant with respect to this claim this has not been replied to or received by the defendant from B W Legal.date sent 5th oct by first class post with receipt.
1c No POFA compliance.

2. The proper claimant is the landowner. Strict proof is required that there is a chain of contracts leading from the landowner to Parking awareness services.
3. A request to supply copies of all relevant Paperwork from Parking Awareness with their expected professional due diligence in this claim for Defendant information thats needed by the defendant of this court claim has not been replied to at all.
4. Parking Awareness services are not the lawful occupier of the land.
(i) Parking Awareness is not the lawful occupier of the land.
(ii) Absent a contract with the lawful occupier of the land being produced by the claimant, or a chain of contracts showing authorization stemming from the lawful occupier of the land, I have the reasonable belief that they do not have the authority to issue charges on this land in their own name and that they have no right to bring action regarding this claim.
4. The signage on and around the site in question was small and see image 1 at he site entry which Does not meet with IPC regulations, unclear and not prominent and did not meet the Independent Parking Committee (IPC) Code of Practice. The Claimant was a member of the IPC at the time and committed to follow its requirements. Therefore no contract has been formed with driver(s) to pay £100, or any additional fees charged if unpaid in 28 days.

5. No sum payable to this Claimant was accepted by the registered keep due to non pofa compliance

6. The Protection of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The Claimant cannot recover additional charges. The Defendant also has the reasonable belief that the Claimant has not incurred the stated additional costs and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described them as "legal expenses". These cannot be recovered in the Small Claims Court regardless of the identity of the driver

7. The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-
a) The Claimant has no commercial justification
b) The Claimant did not follow the IPC or BPA Code of Practice
c) The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question
d) The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable.

8. Save as expressly mentioned above, 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.

This post has been edited by kk7007: Mon, 22 Oct 2018 - 08:48
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kk7007
post Mon, 15 Oct 2018 - 10:53
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How do i send pictures to the court? online or by post?
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emanresu
post Mon, 15 Oct 2018 - 10:59
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You don't send them at this time.

The defence shown just highlights the issue and (hopefully) answers the issues raised in the particulars of the claim.

There is a bit of court paperwork to come regarding setting a hearing date (Directions) then in about 5 months time there will be a hearing. For that hearing you'd prepare a Witness Statement which pics and other evidence that you have gathered. You'll then be sent their paperwork. Based on what you've found and what they have produced, you prepare a Skeleton Argument for the court 3 days prior to a hearing.

The defence appears to cover it all but check it against the particulars
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kk7007
post Mon, 15 Oct 2018 - 11:10
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Thanks i logged onto the claim website but there is no info there i thought i had so many days to submit the info online?

the only info i have got is Acknowledgement of Service document

Then get a defense together. Once acknowledged you have 33 days from DATE OF ISSUE for the court to receive your
Printed
Signed
Scanned
and EMAILED PD F of your defense.

this last bit of info was added by a user on the forum in the thread above

This post has been edited by kk7007: Mon, 15 Oct 2018 - 11:30
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kk7007
post Mon, 15 Oct 2018 - 11:45
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see the entrance sign this actually says at the bottom which is unclear in the picture clamped are the words at the bottom.

Does the online form allow for images to be sent in evidence? at the moneyclaim.gov.uk website
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emanresu
post Mon, 15 Oct 2018 - 12:27
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QUOTE
You don't send them at this time.


Just in case you missed it, you do not send your pics at this time. You wait until the court tells you. They tell you to send them when they tell you when the hearing date is. That is in 5 months time so keep them and your evidence until then.

If you are unclear about "You don't send them at this time" then let me know.

Just send in the defence (without pics) no later than 33 days from the date in the top right hand of the Claim form.
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kk7007
post Mon, 15 Oct 2018 - 13:54
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HI

thanks for that info much appreciated, could you tell me if the defence makes sense to you?

thanks
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nosferatu1001
post Mon, 15 Oct 2018 - 13:57
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The date of issue is on your claim form
You still have this?
33 days from THAT date is your deadline

SOrry to hear for your seizure
But important - you must confirm your defence covers all aspects of their claim
You should also at the top DENY all elements of their claim bar what you admit.
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kk7007
post Mon, 22 Oct 2018 - 08:50
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QUOTE (nosferatu1001 @ Mon, 15 Oct 2018 - 14:57) *
The date of issue is on your claim form
You still have this?
33 days from THAT date is your deadline

SOrry to hear for your seizure
But important - you must confirm your defence covers all aspects of their claim
You should also at the top DENY all elements of their claim bar what you admit.



Hi i have done this does it look ok as i think its ok to submit to the court?
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kk7007
post Thu, 25 Oct 2018 - 11:13
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I have no filed the above defence to the courts any idea of what to expect as in time frame?

thanks all for the help it was really appreciated during a pretty tough time
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