Parking Awareness - Did not receive initial letter

dj0587

"2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date in a parking bay within the stated car park. On returning to the car, the vehicle would not start and despite numerous efforts by the defendant to restart the car it proved impossible. The defendant immediately called a recovery service to remove the vehicle from the car park. It was not possible to remove the vehicle from the car park, as the car park exits directly onto a busy road, and moving the car onto that road during peak traffic hours without a fully working vehicle would have been hazardous to both those in the vehicle and other road users."

Is this too much detail?

dj0587

So, an update. I submitted my defence which was received on time and I have now received the Directions Questionnaire from the courts.

No problems filling it in, but a quick question.

As this case is based on a car breakdown, and my partner was in the car with me (not mentioned in any of the defence or communications so far) is there any value to her being listed as a witness?

Castle

Did you ever get a copy of the AA breakdown report; which will be more important as it's third party evidence.

dj0587

I did at the time, I'll have to root it out, but i'm sure i could request a copy from the AA. A copy was sent to PA when I first received their letter.

Coupon-mad

Yes you can put down two witnesses (you and your wife) on the DQ.

dj0587

Time for an update, the defence was sent and I sat waiting for the date to come through. Just prior to Christmas I had a letter from the courts which said that were not happy with some of the details submitted by the Claimant, specifically

that the Claim is struck out because it is not apparent whether the claimant is a firm or a company

and

The particulars are struck out as they do not disclose any reasonable grounds for bringing the claim.

I hoped this might be the end, but BW have resubmitted a load of information including evidence of my car on the grounds, images of the sign and all letters they have sent to me.

I have noticed that one of their points included is that I did not formally appeal the PCN (I did, but have no proof of this)

The letter from the courts says that I have around 10 days (from now) to send an amended/further defence, if so advised.

Is there anything else I need to send or do I just stick with my original defence.

Le_Kirk

I would submit a modified defence making sure that the judge knows it is modified due to poor submissions by the claimant and I would refute the allegation that you did not appeal the PCN, it is for the claimant to prove you didn't not for you to prove you did.

Did you appeal to POPLA, if so you must have received a code and can only get this by having an initial appeal to the PPC rejected.