county court business centre

The_Deep

No matter, it is very dependent on how long it took to find a space, how long it took to read the terms and conditions, if there was a queue at the ticket machine, how long it took to exit, etc., etc,.

IMO, they would struggle in court to prove that a 13 minute overstay breached their contract, so damaging them that they were entitled to be compensated to the tune of £100.

bazo6557

Been spending bit more time reading paperwork Myparkingcharge says it may issue a pcn 26.04.18

Then on the 31.05.18 they sent pcn final reminder

and there is a difference of 1 minute between the 2 on how long the overstay was (not sure if that makes any difference)

I can show the 2 docs if needed

bazo6557

Hi this is my def so far not sure what else I can put

To whom it may concern

It is denied that a 'charge notice' ('CN') was affixed to the car on the material date given in the Particulars. This Claimant is known to routinely affix misleading pieces of paper in a yellow/black envelope impersonating authority, bearing the legend 'this is NOT a Parking Charge Notice'. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.

I am the registered keeper of the vehicle, but I was not the driver,

The driver at that time, informed me that they had received a note, that said it was not a parking charge notice, although there was 13min over the allotted time.

Time on..( this is not a parking charge notice) 20.25

So, I was shocked to receive parking charge final reminder 35 days later

Time on (final reminder) 20.26 not sure why there is a difference

any good ?

KeithP

No, sorry. no good.

Why have you not followed earlier guidance and looked at the concise Defences by Bargepole that can easily be found in post #2 of the NEWBIES thread?

Re-read post #7 above for links to the NEWBIES thread.


Have you done the Acknowledgement of Service yet?

You have until next Monday to do that.

bazo6557

yes done that

bazo6557

I found that in there, which was all I could find that applies to me

bazo6557

I will take another look tonight

bazo6557

IN THE COUNTY COURT

CLAIM No: CXXXXXX

BETWEEN:

KNUCKLE-DRAGGERS R US LTD (Claimant)

-and-

FREDDIE FARNESBARNES (Defendant)





It is denied that a 'charge notice' ('CN') was affixed to the car on the material date given in the Particulars. This Claimant is known to routinely affix misleading pieces of paper in a yellow/black envelope impersonating authority, bearing the legend 'this is NOT a Parking Charge Notice'. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.

1. I am XXX , of XXX, the Defendant in this matter.

2. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief

3. I deny every allegation set out in the Particulars of Claim.
4. Whilst I am the Registered Keeper of the vehicle concerned, there is no evidence of the driver.

5. The Defendant denies being the driver at the time of the supposed event, and therefore puts VCS to strict proof that any contract can exist between the Claimant and themselves.

6. More than one family member, who I have no obligation to name to a private parking firm, have access to this vehicle. It remains the burden of the Claimant to prove their case.

any good

Coupon-mad

Why have you not just used the entire VCS 'not a CN' example?

Stop weeding out stuff. Just use the entire VCS example from the NEWBIES thread.

bazo6557

I am just not cut out for this... Ill take another look tonight