MCOL defence help!

Dadofdill

Hi All,
Hope someone can help regarding my defence. Just after some assistance for any templates or useful wording to include. AoS has been submitted.

Defendant received a PCN Sept 2017. vehicle was parked in a hotel carpark which has a pay and display machine for city centre parking. However some bays have signed which state parking for hotel guests only after 3pm. the vehicle was parked in one of these bays but driver failed to see the signs due to it being busy and the vehicle is drive van, so when reversing it is difficult to see. parking was paid for, but may or may not have exceeded the time. PCN was issuedt for parking in one of these bays at 3.28pm.

Basis for defence is that the parking T&C's are in various places around the car park. They do not mention the 3pm deadline in certain bays as they are on separate signs. Can post pictures of these signs if required.

Thanks for any tips in advance. :beer:

Redx

read post #2 of the NEWBIES FAQ sticky thread near the top of this forum

also read recent defences like the BARGEPOLE CONCISE defence too (or any honed by him or a regular here)

post the DATE OF ISSUE and the FULL POC details below + the name of the PPC

draft your proposed defence and post that below too, for critique

until you post all of the above, you wont get much back

onlyfoolsandparking

There are loads of defence threads on here, who is the PPC?


What is the issue date of claim?


What are the POC?


Have you read post #2 in the newbies which is all about court claims?


Is that your real name, if so edit it and also edit who was driving, it is never a good idea to identify driver on here.

KeithP

You really need to edit your post to avoid giving away the identity of the driver.

Perhaps your big paragraph should look something like:

I received a PCN Sept 2017. The driver was parked in a hotel carpark which has a pay and display machine for city centre parking. However some bays have signed which state parking for hotel guests only after 3pm. The driver was parked in one of these bays but failed to see the signs due to it being busy and the vehicle is a van, so when reversing the signs were missed. The driver paid for parking, but may or may not have exceeded the time. The driver received the ticket for parking in one of these bays at 3.28pm

The private parking companies trawl these forums just waiting for people to trip themselves up and can use your posts against you.

Dadofdill

Thanks for the advice. Post adjusted and email sent to request change of username. If any mods are on here who are able to pick my email up of can PM me to change it then that would be amazing.

I'll start drafting and post up soon.

Redx

there are no mods on this forum ( read the help guide at the top of the forum, there are only board guides)


you need to message the MSE admins to get basic admin work done

KeithP

You might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

Dadofdill

Yes Kieth, this is what I found. cheers.

Dadofdill

Hi, Here's a quick draft of my defence. Still working on it but any extra help would be appreciated. Not sure I'm getting the message across properly that the signage is confusing and that the 3pm deadline signs are seperate to the t&c signage. I may have said things twice...or not at all.. :doh:
Thanks a mill

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

2. The facts are that the vehicle, registration KX51 NFO, of which the Defendant is the registered keeper had a valid permit to be parked in the car park.

3. The vehicle was parked in a bay with insufficient signage. The Signages states “No Parking in this space from 3PM (Accommodation guests only)”. This signage is separate and does not state to whom the sign belongs, or that they are part of the signage provided by the claimant.

4. Further, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. Separate signage states that hotel guests should be within their allocated parking bay, and not indicating which bays are managed by whom. It its also amongst an overgrown area and it is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

5. The terms on the Claimant's signage are also displayed in a font which is difficult to see when the car park is full and read from a passing vehicle. It is in such a position that anyone attempting to read the signage would be unable to do so easily.

6. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

7. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £67.48, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

8. 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.

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KeithP

What is the Date of Issue on your Claim Form?

(Redx did ask that nearly two weeks ago)

Dadofdill

KeithP wrote: »

What is the Date of Issue on your Claim Form?

(Redx did ask that nearly two weeks ago)

The issue date was 25th Sept.