Court Claim Form Action

Jinius

Hi
I went to my old thread and couldn't work out how to make a new post. Sorry. Tehcnology challenged.
Please can you check this Defence? I'm not sure it's written in the right way or is enough to get me off the hook, but I feel so strongly that it is unjust, not just to myself, but to loads of other people who simply miss the sign because you don't expect it. I have read bargepole's checklist and a few other posts. I have sent the acknowledgement form back and have until 18th September to submit defence, I think.

In the County Court
DEFENCE
Claim No: xxxxxxxxx
Claimant: Vehicle Control Services Limited
Defendant: xxxxxxxxxx

The claimant’s signage consists of difficult to see, crowded red and black text and is positioned lower than and next to much clearer, easy to see, white NHS signage on which it is written in large font ‘Staff and Patient Parking Only’. Both signs are on the wall directly outside the entrance to an NHS building facing a small row of parking spaces.
The building is the work base for the Early Intervention in Psychosis Team, where I work as a staff member. Nearly all people who park in those spaces will be attending the building because they are carers with patients or staff. Obviously, most of them will be distressed by their condition or stressed by a demanding job and will not be spending time scanning the walls to read everything on it, especially when there is a clear sign saying the parking spaces are for Staff and Patients, as you would expect them to be, being directly outside the entrance of such a building.
I usually park down the road to enjoy a short walk to work, leaving those spaces for the much needier patients and their carers, but after a family crisis, in which my daughter had been seriously ill, I had just started a phased return to work and needed to conserve my energy, so I decided to park outside the building on the occasion of my NTK. I had seen the NHS sign and was satisfied it was OK to park there as I am a staff member and it clearly says ‘Staff and Patients Parking Only’. I did not notice any other signage at all, for the reasons given above. I imagine many people have fallen foul of this.
Since then the NHS Trust has put messages in the reception area of the building warning visitors of the private parking outside and offering permits to display in their windscreen. There were no such warnings when it happened to me. Nevertheless, it is still possible for people to make the understandable assumption that the parking there is meant for them if they are staff or a patient and completely miss the Vehichle Control Services signage, which is less readable and slightly lower than the NHS signage. Being fined is the last thing someone going through the trauma of a psychotic mental illness or their family is able to cope with. It is worth stating, because this private parking company has become predatory on the most vulnerable of people. They could make their signage visible and clear as it is very easy to do so.

The defendant asserts that failure to provide adequate clear signage, taking into consideration the aforementioned points, cannot form any contractual agreement.

I believe the facts stated in this defence are true.

KeithP

Please copy your post above as a reply on to your existing thread.

No-one here is going to scour the internet looking for background information, without which it is impossible to comment on whether or not your proposed defence is suitable.

Le_Kirk

Go [URL="https://forums.moneysavingexpert.com/discussion/6005401[/COLOR][/URL]and in the large white box at the bottom where it states "Quick Reply", paste the defence that you copy from here. When you've done that, go back to NEWBIE sticky post #2 and read some or all of the 17 pre-written defence examples and see that yours does not conform. It needs to be numbered with paragraphs and should be written in the third person.