Charged for entering car park twice in one day

Le_Kirk

I would revisit your defence as "genuine pre-estimate of loss" hasn't been used for a while now. Check out the concisely written defences by Bargepole which you find in the NEWBIE thread post # 2 and adapt one of those for your circumstances.

Half_way

who's car park was/is this?

D_P_Dance

Have you seen this?

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

KeithP

ianham49 wrote: »

the issue date is 27 feb, I know its cutting it fine but I have till sunday to register defence. Hopefully this will help somehow.

You are near enough right with your dates, but there might be something useful here...


With a Claim Issue Date of 27th February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 1st April 2019 to file your Defence.

As you say, that's not long now.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Half_way

Reason for asking whos car park, is that you should be going for a landowner cancellation.


If you have a smartphone, it will probably have logged your location ( an extremely useful tool in my opinion) you can use this to show you were elsewhere, likewise if you have a dashcam.


There should be no excuse for pakring companies to pursue double dips, these are a known flaw ( one of many) with ANPR equipment , you should be coming down like a ton of bricks on any parking company , and its principal ( ie the landowner) that creates parking charge notices as a result of double dips, even more so if they pursue it.


You have obviously put some effort into that defence, and it has taken some time. I'm also guessing that this whole episode has caused some stress/worry/anxiety.
When faced with strong defences some parking companies will pull out of court right at the very last minute, make sure that you put a full costs order in, claim unreasonable behaviour, as they have failed to ensure the acuracy of their data.


If the vehicle was not in the car park, coupled with the known flaws in ANPR technology, then why wasnt any one taking reasonable steps and checking the data was accurate, such as paroling the car park and manualy reviewing video footage form the cameras?


The above could also be used in a counter claim, and you should also have the landowner joined to any claim/counter claim as principal, they will be jointly and severally liable for the actions of their agents.


Going for the landowner will also make it easier to claim whatever you are owed as a result of their agents actions, ie harassment, intimidation, breach of data protection for failing to maintain accurate systems ( covered under GDPR) and so on.
the only exception would be if the landowner was a small independent business/local charitable group such as village hall/church etc.


Plenty of stuff to consider, to sumarise:

Coupon-mad

Are you up for a counter claim, if you are certain this was a double visit and that 'returning within x hours' wasn't a contravention in itself?