Claim Form received, defence advice needed!

mowgli72

I received a windscreen PCN back in August 2018 for not displaying a valid ticket in a pay and display car park that ajoins a supermarket. In my defence I didn't see the single machine which covers a relatively large area. There are no other signs in the area other than on the post with the machine - I have a photo of this, and a video of the whole area shot from the passenger seat, which I am hoping to use as part of my defence.


Unfortunately my limited initial research lead me to believe that the whole thing was a scam, and as such I ignored every letter from the parking company (LPS), DRP, Zenith (trading name of DRP), and also a letter from Gladstones (signed electronically as 'Gladstones Solicitors'), then the LBC from Gladstones (this wasn't signed).


I eventually received the Claim Form, and have responded with the AOS, so have a couple of weeks to file my defence.


Whilst my defence is straightforward, in that I didn't see the inadequeate signage, my challenge is turning this into something that would be considered a strong defence in a court, so I'm asking on here if anyone can assist?

nosferatu1001

What is the ISSUE DATE on the Claim form?

You odnt attach any evidence at all to your defence. You assert that the signage was not prominent enough that you could havebeen expected to see it. Was it at night, so even les slikely to see it?

Haveyou read post 2 of the newbies thread, and the 17 defences there?

Coupon-mad

also a letter from Gladstones (signed electronically as 'Gladstones Solicitors'), then the LBC from Gladstones (this wasn't signed).

None of that matters. It is OK for them not to sign.

Your defence will be like the rest relying on dodgy signage, and can be based on bargepole's concise examples at this stage.

Alleged contravention? You didn't display at all and stayed an hour? Minutes?

mowgli72

Thanks for the quick response nosferatu1001. The issue date is 11th Nov 2019. From research on this site, I believe I have until 14th December to file the defence.


It was daylight but due to the position of the sign, if parked next to somebody or there are other vehicles in eyeline between myself and the sign, even when outside the car, then the sign is not visible.


I've gone back to the site recently to confirm this.


I've read post 2 of the newbies thread and in particular the two threads related to inadequate/poor signage but these seemed too specific for me to use as my defence.


Thanks again.

mowgli72

Thanks Coupon-mad. The alleged contravention is 'Parking without displaying a valid ticket' and I was parked for no more than ten minutes.

Le_Kirk

The issue date is 11th Nov 2019. From research on this site, I believe I have until 14th December to file the defence.

That cannot be right as 14th December is a Saturday! However, stick around and KeithP will be along to give you the proper dates and some sound advice.

mowgli72

Many thanks Le_Kirk!

KeithP

mowgli72 wrote: »

The issue date is 11th Nov 2019. From research on this site, I believe I have until 14th December to file the defence.

As Le_Kirk says, that isn't quite right.

With a Claim Issue Date of 11th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th December 2019 to file your Defence.

That's nearly two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could 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. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
   
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.

Coupon-mad

Whilst my defence is straightforward - inadequate signage,

And lack of a ten minute grace period to read prominently displayed terms.

And all the usual stuff seen in the defence examples in the NEWBIES thread post #2.

blueskies1

I am also in the same position, the only difference is I have had two pcn's from One Parking Solution and a recent claim form from Gladstones Solicitors also with issue date 11th November 2019. I have acknowledged and am preparing a defense, could anyone assist me with this? I am happy to attend Brighton court to defend? Many thanks!

Coupon-mad

Yep, send me a pm.