Fluttering ticket court defence

dp543

Hi

I would be interested in knowing how you are getting on with this?

I have been issued with small claims letter for the exact same reason. I paid for a ticket and it fell off my dashboard at some point. I will be submitting a similar defence to yours and hoping this will get dismissed!

Did you hear back from your local MP? I will also look at complaining to them too.

Thanks

Donna

COH

so I finally have a court date. my MP was very helpful but solicitors are still pursuing. I want to call a witness from ES parking as did @claxtome. When do I do this? I have 4 weeks to submit my WS but court date is not until end of the year. Is there a formal process for requesting the claimant to attend as witness?

thanks everyone

BrownTrout

Force their attendence through a witness summons, you will have to act quickly though

Fruitcake

COH wrote: »

so I finally have a court date. my MP was very helpful but solicitors are still pursuing. I want to call a witness from ES parking as did @claxtome. When do I do this? I have 4 weeks to submit my WS but court date is not until end of the year. Is there a formal process for requesting the claimant to attend as witness?

thanks everyone

This might help.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33

You apply to the court asking for the witness to attend as per para 33.4 of the above.

COH

I have just called the court and they have told me there is not process for doing this in a small claims court

Janetx

Hello,
This is my first post I am a newbie. My daughter has received a N1 County Court Claim form on the 8th January 2020 dated 30 Dec 2019 and we are not really sure of how much time we have left to file a defense. It was her first day back in work after emergency admittance to Hospital she was discharged after two weeks and then some weeks off sick from work recovering.She suffers from severe Ulcerative Colitis which is a chronic lifelong illness and is a disability covered by The Equality Act 2010. The car park is across the road from her office and on the quay side in SA1, of what used to be the old docks in Swansea. It is completely exposed to the open sea. The area had a yellow weather warning that day and suffered from gusts of gale force winds. My daughter purchased a ticket for 12 hours for £5,00 at 08:07. She had to fight against the wind with the car door to put the ticket on the dashboard and collect her things whilst she was experiencing symptoms of her illness.The symptoms made her rush and hurry to find a toilet urgently and she has a record of clocking in work at 8:09. When she returned to her car later, she found a Parking Notice charge on her windscreen. She couldn't understand this and looked through the window to see the parking ticket (non sticking back) sitting on top of her gear stick. She appealed, including pictures of the purchased ticket. However she has no full copy of the appeal, as the site did not record a copy for her, but they acknowledged it in their refusal of your appeal letter. She has received letters of demand with, pay by a certain date on them, which were posted and received after the date stated on the letter of demand. I think that we need help to fight this. I have read some of the defenses already on the site but I don't know which specific ones ones apply to our specific situation? I am slightly senior and I have had trouble finding my way around this site. The car park is patrolled by Excel. Its badly maintained with uneven surfaces and a lot of the white lines are eroded. There are two signs, one at the entrance to the car park and another sign placed right at the back of the car park which houses the ticket machine facing the open sea .Lots of people have been ripped off here.

COH

Hi everyone and happy new year
thought you might like to know I won the case. Went to court on christmas eve and didnt have to say a thing. Judge ruled he felt i had done everything i could to comply with the contract. He asked the solictior for ES Parking if the signage specified that the tickrt had to be displayed at all times which of course it doesnt. He xaid as far as he could tell I believed I had complied and that these things can happen also commenting that the same thing had happened to him. he said as there was no way of knowing how it happened the law states he has to give the defendant the benefit of the doubt and so reject the claim. I was so happy.

thank you to you all for your help, this site really is amazing. best wishes to everyone going through the same thing.

Coupon-mad

WELL DONE - AND THANKS FOR THE UPDATE!

You haven't been here for ages and I wonder if you even filed & served a WS and evidence as you should have done before the hearing, but what a fair Judge!

Which court was this at?

Did you claim your costs for attending, by asking him before you left?

ANOTHER ONE BITES THE DUST! :T

BeeBeethreefree

Hi there, Can I ask how you posted a new thread? It is a bad start for me as I can't see a New thread button anywhere! I need advice on a similar matter

KeithP

BeeBeethreefree wrote: »

Hi there, Can I ask how you posted a new thread? It is a bad start for me as I can't see a New thread button anywhere! I need advice on a similar matter

Go back to that help video you skipped over when signing up to MSE forums.

There's a link to that video at the top of every page - including this page.