Writing a defence for this seems tricky

FamousFred

Hi there,

I have been reading this forum for a number of months now, and now find myself having to write a defence but not sure where to start. I am going to respond via moneyclaim, but need some advice on where you think I stand a chance of winning.

A couple of years back i parked in a Doctors Surgery. I did not realise they had recently set up an ANPR system, and should have put my number plate in. When i received the PCN i went straight to the surgery and got a letter from them that proved i had an appointment. I submitted this back to the PPC. They are a BPA member and I appealed through POPLA but lost (didn't think to come here first!).

The PPC are claiming I parked in breach of terms and conditions. Fair enough as I didn't use the number plate screen in the surgery. My argument is simply a case of fairness, etc, but i don't see how to put this into a strong argument. Their evidence to POPLA was full of photos of signage, well positioned and i can't argue with that. I guess I simply wasn't paying attention, which I can only put down to worrying about talking to someone about my health problems. This is something i put in my appeal but was not deemed mitigating enough for the PCN to be dropped.

Not sure where to start as none of the defence templates/examples on here seem to apply to me, unless i am missing something obvious...

Can anyone offer their help?

Thanks!

Redx

all the above may end up in your WS, not the defence

start by using the BARGEPOLE concise defance and adapt it

then post it below for critique

also post the DATE OF ISSUE on your claim form, plus post ALL the details in the POC box too (and the name of the PPC , was it PE ?)


stop focussing on "what happened on the day" and focus on the legal arguments for your defence

FamousFred

okay thanks i'll take another look at that. PPC is CEL.

Coupon-mad

My argument is simply a case of fairness,

No it's not, it's more like this, surely, if you were meant to put in a VRN but didn't know this new regime existed?

https://forums.moneysavingexpert.com/discussion/comment/74254129#Comment_74254129

Hidden keypad/iPad, same thing, all unfair especially in a GP's surgery where it's hidden and unexpected, as well as being intrusive and unjustified, excessive data collection, and the entire regime is contrary to the NHS Parking Principles too:

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles

It's Civil Enforcement again, I presume? They either lose at a hearing, or discontinue when they don't fancy turning up, against posters here (so far).

Redx

FamousFred wrote: »

okay thanks i'll take another look at that. PPC is CEL.

ok , so base it on a CEL one and then look at the BARGEPOLE concise defence to hone it, then post it below


I assume you have done the AOS ?


and you did not list the DATE OF ISSUE or the exact POC details

Half_way

I assume you are familiar with the NHS parking principles for patients, staff and visitors - https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles


You should also get back to the Doctors surgery, and ask them why their agents are pursuing you through court, and remind them of the NHS parking principles.
You should also bring up patient confidentiality, as a thrid party is processing patient data

FamousFred

Going to do the AOS today, but wasn't sure if i needed to draft a defence first. i'll do it this afternoon. Issue date is 1st October. came through yesterday. got a duplicate today.

POC

claim for monies relating to a Parking Charge for parking in a private car park managed by the claimant in breach of the terms and conditions (T+Cs). Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site.
Debt + damages claimed the sum of 196.00
Violation date X
Time in X Time out X
PCN ref: Refxxxxxxx
Car registration number X
Location X

Total Due 196.00
The claimant claims the sum of 234.53 for monies relating to a parking charge per above including 38.53 interest persuant to S.69 of the county courts act 1984
Rate 8.00% pa from dates above to 28/09/18
same rate to judgment or (sooner) payment

Amount claimed 234.53
Court Fee 25.00
Legal representatives costs 50.00
Total amount 309.53

FamousFred

not familiar with that. will read into this now.

thank you so much.

Redx

AOS online first (on the gov gateway to MCOL)

written complaint to the practice manager second (ask for a cancellation, alternatively ask for a written WS from them stating that there was a valid patient with a valid appointment and they do not wish it to go to court)

then start drafting your defence and post it below (third)

can you also edit the POC above and elaborate on the costings and total claimed, because they tend to inflate the claim with costs that are not allowed

System

You should also get back to the Doctors surgery, and ask them why their agents are pursuing you through court, and remind them of the NHS parking principles.

No. They should check who CEL are working for. Sometimes the surgery is on property over which the Surgery has no control.

Claims are fact specific. There needs to be a discovery process where the facts are established. It can be difficult when the OP is up against a time pressure so there is a choice of phrases

1. Denial - where there is evidence to hand that refutes a claim in the particulars
2. Put to proof - where there is little or no evidence but it seems likely that something is one way and not another
3. Confirmation - where it is to the advantage of the OP to confirm a point as fact such as in residential cases.
4. Neither confirm or deny - where it is unlikely the OP can get the evidence but suspects there may be something (different from put to proof)

Just put the issues into one of the 4 columns and there is your defence.

It's not rocket science.

KeithP

With a Claim Issue Date of 1st October, you have until 20th October 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 5th November 2018 to file your Defence.

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 described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.