IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Stupidly ignored parking charge notice- hearing today update

17810121316

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 12 April 2021 at 10:18PM
    In 2 , make it registered keeper and passenger , if true , due to not being the driver

    Change but liability , to , and liability

    Make statements that don't invite questions !!
  • Cbay27
    Cbay27 Posts: 101 Forumite
    Fourth Anniversary 10 Posts
    Thanks, I’m considering re writing the rest of the template so it sounds more like I have written it. Do you think there’s any point at this stage? Maybe I need to do it to fully understand it. 

    Basically I feel like if this isn’t struck out due to abuse of process I am likely to to be held liable, it will be in Truro court, I know there have been some successes there but not in the last 9 ish months. 

    Also I now understand why the without prejudice offer is not part of my defence, but what if I am asked in court why I didn’t respond to the first pcns? Would I not mention that once I realised the payment hadn’t  gone through I sent them a without prejudice offer?
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 April 2021 at 12:42AM
    Don't re-write the template defence and please don't expect the claim to be struck out for a thing called abuse of process (won't happen and that phrase isn't used in the template so please don't use it).

    Your defence says on the one hand that you were not the driver but on the other hand that you paid to park.  Which is true, or is Redx right, that you need to add the obvious explanation (if true) that you were the passenger and that's why you paid and can give an honest account.

    Stop worrying about what might happen in a court hearing that may never occur if they discontinue, as often happens.

    Not sure about adding the proof of the phone call
    You don't attach anything to a defence.  The NEWBIES and TEMPLATE DEFENCE threads make that clear.  That comes later.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Cbay27
    Cbay27 Posts: 101 Forumite
    Fourth Anniversary 10 Posts
    Ok thanks, yes read it should be double recovery. Apologies I’d been infront the computer for 3+ hours🤓
    And yes I was the passenger so will add that.
    I wasn’t sure whether to mention the proof or not, I know I wouldn’t attach it at this stage.

    Thanks again, I’m still trying to get my head around it all, I can’t see how it will be discontinued but hopefully I’m wrong! 
  • SayNoToPCN
    SayNoToPCN Posts: 301 Forumite
    100 Posts Name Dropper
    You state you have proof the call was made, sure. 

    You need to read other threads, NOT JUST TRURO, to see how many parking companies are discontinuiing.
    They cant afford to risk losing cases rn. They havbe NO MONEY coming in, as parking is down across the UK
  • They havbe NO MONEY coming in, as parking is down across the UK
    I wasn't aware of this, I will have to find a few threads to read more on that. Poor little mites. :D
    Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)
  • Fruitcake
    Fruitcake Posts: 59,451 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Parking scamvoice income was reportedly down by 80% during lockdown, but they will be out giving a good hammering to every motorist they can now that restrictions are starting to ease.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • And there was me struggling to find one sensible reason for a lockdown. I stand corrected. :D
    Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)
  • Cbay27
    Cbay27 Posts: 101 Forumite
    Fourth Anniversary 10 Posts
    Ok thanks all for your comments. I will be printing off my defence and signing it tomorrow and rescanning at work. This is what I plan on submitting:

    2.       It is admitted that the Defendant was the registered keeper of the vehicle in question, and passenger at the time in question, but liability is denied.  

    3.  The defendant was under the impression the period of parking was paid for by calling RingGo on the day of parking. Unbeknown to the defendant the transaction was not successful. This was not the intent and it is the defendant’s position that the claimaint’s system failed. The defendant has proof of the telephone call.

    Can't think of anything else relevant but wanted to check before I go ahead
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 22 April 2021 at 8:50PM
    In 2 , add that , The defendant was not the driver.  , after denied
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.5K Banking & Borrowing
  • 252.9K Reduce Debt & Boost Income
  • 453.3K Spending & Discounts
  • 243.5K Work, Benefits & Business
  • 598.2K Mortgages, Homes & Bills
  • 176.7K Life & Family
  • 256.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.