Should I continue to fight???

Redx

its a claim , so it doesnt need to represent what happened, that would be their evidence and WS which come much closer to the court date


read the examples of recent 2018 defences and draft your own defence and post it below for critique, once the AOS has been completed online, by following the pictorial walkthrough

KeithP

C&Ps_Mummy wrote: »

Issue date 14 November 2018

With a Claim Issue Date of 14th November, you have until Monday 3rd December to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 17th December 2018 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

C&Ps_Mummy

Thank you for your assistance on how to proceed. I have completed the AOS and given my first attempt at my defence reply (below) and would appreciate your critique.
There is a case I noticed from the parking prankster website that is similar to mine but I didn't know how to quote or if it was appropriate -http://nebula.wsimg.com/bfcdd95c68b82bcc6b68408a75d23021?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1
I am willing to spend more time on my defence to make it more robust but I am drowning in the examples feel a little guidance will help get me closer to completing it.


DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question at the time of the alleged incident.

3. It is believed that it will be a matter of common ground that claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) in relation to an alleged breach of the terms and conditions by the driver of the vehicle XXXX XXX when it was parked at Menai Shopping Centre, Bangor, in 2018.

4. The PCN stated the contravention as 'Parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site' and this contravention is denied. The Defendant denies liability for the purported parking charge (penalty), not least because it is already common ground that the correct parking charge (tariff) had already been paid.

5. In Jolley v Carmel Ltd [2000] 2 –EGLR -154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach.

Defence - payment was made but the system hid a concealed pitfall or trap

6. The Defendant made all reasonable efforts to make payment for parking by using an approved payment channel. Appropriate payment was made via the provided payment machine but said machine did not indicate any failure on registration entry and defendant reasonably expected a valid ticket had been issued.

No agreement on the penalty and no contract formed by conduct

7. The claim appears to be based upon damages for breach of contract. However, it is denied any contract existed. Accordingly, it is denied that the Defendant breached any contractual terms, whether express, implied, or by conduct.

7.1. It is clear that no conduct by the Defendant caused the penalty to arise and a professional parking firm could not reasonably lay any blame with the Defendant, for their own failure.
7.2 The charge offends against the reasonable and statutory expectations of trader/consumer relations requiring 'open dealing' and the doctrine of good faith.

No legitimate interest or commercial justification

8. It is the Defendant's case that there can be no legitimate interest or commercial justification in pursuing paying patrons for a hundredfold penalty, for not noticing inaccurate data presented to them on behalf of the Claimant.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Coupon-mad

Also send a SAR to Excel asking their Data Protection Officer by email, for a VRN list of payments made during that parking event time.

There is a reason for asking for that now. You need that now. Search the forum for Excel v Ambler to understand why...

C&Ps_Mummy

Coupon-mad wrote: »

Also send a SAR to Excel asking their Data Protection Officer by email, for a VRN list of payments made during that parking event time.

There is a reason for asking for that now. You need that now. Search the forum for Excel v Ambler to understand why...

I looked up the case and I understand why it is important. I can only find a very general info@excel email address or the litigation department email address on my paperwork. Shall I email those or do you know where to find a more specific email address?

C&Ps_Mummy

I have also just found this website, https://www.parkingcowboys.co.uk/enforcement/ and under the section Fairness of Contract it looks like sections are applicable to my case. Should I also add that to my defence?

KeithP

C&Ps_Mummy wrote: »

I can only find a very general info@excel email address or the litigation department email address on my paperwork. Shall I email those or do you know where to find a more specific email address?

Have a look on their Privacy Notices webpages and you will find their Data Protection Officer's email address.

Redx

also read the GDPR 2018 FIGHTBACK thread by coupon_mad because I posted the details in there a few days ago

C&Ps_Mummy

KeithP wrote: »

Have a look on their Privacy Notices webpages and you will find their Data Protection Officer's email address.

I found the email and have sent the request, thank you for your help in locating it.

I don't hold much hope they will be helpful in time after reading this line on the page -
"We may be required to establish your identity before we can release information, but once we have confirmed this we will provide the information within 1 month of your confirmed request."

Umkomaas

C&Ps_Mummy wrote: »

I found the email and have sent the request, thank you for your help in locating it.

I don't hold much hope they will be helpful in time after reading this line on the page -
"We may be required to establish your identity before we can release information, but once we have confirmed this we will provide the information within 1 month of your confirmed request."

If you're the registered keeper of the vehicle in question, send them a copy of your V5C (logbook) with your SAR - that should be enough for them.