Defence - first attempt

kenny68

First defence

Coupon-mad

Which parking firm?

Solicitor being used by the scumbags, if so, who?

What sort of car park?

What 'issued date' is top right on the claim form?

What do the Particulars of Claim say, exactly (minus the reg number of your car)?

You need to make sure all points in a defence are numbered. And no repetition, so here I see you have 'the facts are' twice (amalgamate the facts into one point):

The facts are that the vehicle, registration XXXXX, of which the Defendant was the registered keeper and driver, was parked on the material date in and attempted to pay for parking before leaving at issued time of XXXXX and was refused the option to do so.

There were inadequate signs (at the time of the offence) incapable of binding the driver into the contract.

The facts of the matter are that there were no visible signs stating the claimants terms from entering the car park area to where the defendant parked. On the foot route the defendant made from their parked car to XXXXX and back, there were no signs.

This is in contravention of The British Parking Association (BPA) Approved Operator Scheme (AoS) section 18.3 under which the claimant is an active member.

What do you mean you tried to pay and were refused?

And it's not an offence so remove that word!

Coupon-mad

As long as your original version has para numbering?

And I didn't see a point about no landowner authority or legitimate interest. You need to get that from other defences & add them.

kenny68

Thank you, I will ensure numbers are added before submitting and add the extra information.

KeithP

Again, what is the Issue Date on your Claim Form?

kenny68

28th October 2018

Coupon-mad

Hope you've already done the AOS on MCOL to buy this extra time?

kenny68

I have completed the AOS

KeithP

kenny68 wrote: »

28th October 2018

With a Claim Issue Date of 28th October, you needed to have done the Acknowledgement of Service before last Friday.

Having done the AoS, you now have until 4pm on Friday 30th November 2018 to file your Defence.

Under two weeks. Loads of time to produce a good 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 FAQ sticky thread to find out exactly what to do with it.

Fruitcake

The first and second paragraphs of your defence in your initial post contradict each other.

You say that they have failed to evidence the identity of the driver in para 2, but you have already shot yourself in the foot by telling them who was driving in para 1.

Keeper liability does not apply if the identity of the driver is known. If they don't know the identity of the driver, is there a particular reason why you have decided to tell them?

kenny68

Hi,

I am going to court. Can anyone offer advice on my witness statement.

Thanks in advance..


I, XXXX of XXXX I will say as follows:

I am the Defendant in this matter. Attached to this statement is a paginated bundle of documents marked XXX to which I will refer. (How should documents be labelled?)

On the evening of XXX I visited XXX for business. I parked my previous vehicle registration no. XXXX in the XXXX car park situated close to the venue I was speaking at. I had used the car park on one previous occasion, on which I had paid when returning to my vehicle. (Entrance to car park image).

I parked on the first floor of the car park (images), the only visible sign on the floor was a ‘pay by phone’ sign.

The exit route on foot from the car park is via a set of stairs and through a door (images). No clear signage is visible on the route. To the right of the door are three payment machines (see image). I had seen no clear signage on my exit through the car park and to my destination, I therefore assumed I would pay on returning to my vehicle as I had done previously.

When returning to the car park I attempted to pay for parking using a payment machine. It was here I found that buying a ticket was not possible as the time of validation was the time of purchasing the ticket. I proceeded by ringing the pay by phone line in an attempt to pay via an alternative method or speak to a member of staff. (image) I spent approx. 20 minutes trying to pay for parking. It was not an option.

I once arriving home I found an email address online and contacted the company explaining what had happened and I asked how I can make a payment for my parking. I was told they could not take payment and if I received a ticket to appeal it. (image)

There was no intention to not pay for parking. The claimant is pursuing this matter as ‘failed to validate stay or make a valid payment’. There were no means to validate the stay.

On a recent visit to the carpark to take photos, I found pay on arrival sign on the door to return to your car, this is not visible on exiting the carpark, I find this placement to be deceiving. There are no visible signs on exiting the carpark. I would like to consider the British Parking Association (BPA) Code of Practice, section 18.3 “signage tells drivers what your terms and conditions are, including the parking charges. You must place signs containing the specific parking terms throughout the site so that the drivers are given the chance to read them at the time of parking or leaving.”

Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation.

It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date