BW Legal

nick325i

DEFENCE
____________

1. The Defendant was the registered keeper and driver of vehicle registration number xxxx on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant was a visitor to the hotel for a meeting that paid to park in good faith. The defendant entered the land but did not initially park and remained in the car until the car fan stopped making a harsh noise. The defendant then proceeded to pay for parking and attended the meeting. The defendant was not aware the time starts from the moment you enter the land as the signs are unclear and misleading. Given this lack of clarity no contract can be construed from the Claimant's signage, under the contra proferentem principle.

3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

5. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 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.

6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date

nick325i

This is parkingeye btw so maybe beamerguys post is irrelevant?

nick325i

I found this with regards to not being able to park.

The meaning of the word “park”. However, the Shorter Oxford Dictionary has the following:
“To leave a vehicle in a carpark or other reserved space” and “To leave in a
suitable place until required.” The concept of parking, as opposed to
stopping, is that of leaving a car for some duration of time beyond that needed
for getting in or out of it, loading or unloading it, and perhaps coping with
some vicissitude of short duration, such as changing a wheel in the event of a
puncture. Merely to stop a vehicle cannot be to park it; otherwise traffic jams
would consist of lines of parked cars. Delivery vans, whether for post,
newspapers, groceries, or anything else, would not be accommodated on an
interpretation which included vehicles stopping for a few moment for these
purposes.

Le_Kirk

Re Parking Eye and beamerguy's point, yes, you could be right, check your claim form and the PCN to see what they are claiming for.

I think people have tried "stopping is not parking" before and it hasn't worked. Driving around a car park trying to find, or waiting for, a parking space is not parking and that has been confirmed by a judge. Your best bet is vicissitude - a change of circumstance or fortune, brought on by a mechanical failure of your vehicle.

Coupon-mad

You are not a 'that' you are a 'who':

2. The facts of the matter are that the Defendant was a visitor to the hotel [STRIKE]for a meeting that[/STRIKE], who paid to park in good faith.

Then add in the words I wrote in the NCP 0 Taxman 1 thread, about the contract only starting when the button is pressed to make payment.

nick325i

Thanks. Just as a side I tried Parking Eye again and received the below. How long will it take for my court order appeal to come back?

Dear Mr K,

Without Prejudice (Save as to Costs)

We write regarding the above referenced Parking Charge and the subsequent County Court Claim, wherein we are seeking to recover the sum of £175.

We are now in receipt of further information and in an effort to bring this matter to a conclusion without further cost to either party, we can confirm that we are prepared to accept the sum of £100 in settlement of the outstanding claim.



The above offer is open for 14 days from the date of this email and payment needs to be made within that time frame. We can confirm that this matter will be closed upon receipt of this payment but that the claim against you will remain should payment not be received.

Payment can be made by telephoning our offices on 0330 555 4444, by visiting https://www.parkingeye.co.uk, or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.

nosferatu1001

What doyou jean by "court order appeal"?
You have not yet submitted a defence, or have you? Its confusing as a statement.

Coupon-mad

How long will it take for my court order appeal to come back?

A court defence is not an appeal that just 'comes back'. There will be a hearing.

Your question has been answered before, here it is from a year ago in a similar case:

https://forums.moneysavingexpert.com/discussion/comment/74809348#Comment_74809348

Do what I advised there.

Unusually that poster offered £25 but that's not the bit I'm pointing you to read.

nick325i

Sorry I meant court defence. Thanks Coupon-mad I have replied to the email as you stated. Will keep you posted

KeithP

They say...

We are now in receipt of further information...

Why not send a Subject Access Request to PE specifically asking to see this 'further information'?