Parking ticket expired, now i have Court Claim Form.

newbieinthebuilding

Coupon-mad said:

OK, please test the new defence template that includes 3 Appendices - the aim this year is to get more Judges to start striking claims out without a hearing.

Firstly I want to say, You're posts are absolutely amazing and has helped me a lot. Thank you. 
Secondly, I'm just drafting my defence, will it be an issue if I use the same wordings from your template (all points that apply to me and with the necessary changes in red) in my defence?. Im not good with my words or even writing a defence. Never been to court 

nosferatu1001

Neither have 99/.9% of posters on here, and they manage and so will you!
Yes you use the template defence - thats what it is there for! Just make sure you check it thoroughly so it applies to you

JimsDay

Coupon-mad said:

OK, please test the new defence template that includes 3 Appendices - the aim this year is to get more Judges to start striking claims out without a hearing.

Because I received the SAR back from OPS, shall i use the photos they have sent me in my defence as they do not show an expired parking ticket, and that is what they are claiming for?

Redx

Pictures come at WS plus evidence stage , but you could mention that the claimants evidence supports your stance

JimsDay

16.     The Defendant is not the main/only driver of this vehicle and had no knowledge of any parking charge notice (‘PCN’) or letters before a Subject Access Request (SAR) was sent to One Parking Solutions Limited after the Defendant received a Court Claim in the post. It is not accepted that the location included prominent signs giving ‘adequate notice’ of the onerous parking charge. A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

 

 

17.      It is claimed that the Driver of the Defendants vehicle had overstayed a purchased parking ticket, however the SAR information that the Defendant received from the Claimant showed no evidence of this either written or photographic. Also, there is no evidence that supports that the driver was given a 'Grace Period' as mentioned in the BPA Approved Operator Scheme Code of Practice - Version 7 - January 2018 - Clause 13.2 "If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes".

Does this look after for my defence base?

JimsDay

Coupon-mad said:

Also I just posted a new defence template today - PLEASE download and use it, test it.  Please!  see the thread I started today.

Hey Coupon-mad, I was wondering if you could read my comment about point 16 and 17 that I added to your draft defence, and tell me what you think please? I know you help a lot of people and appear to be a little tied up with Chris0147's defence. I'm eager to send this defence out tomorrow at some point. 

Coupon-mad

Looks very good indeed, and I am so glad people are finding they can use the template and put their facts in, and hey presto they have a decent defence.

It is a defence with three Appendices, that might (if you are lucky) see your local Judge strike the claim out, and if not it puts you in a good position in readiness for witness statement and evidence stage.

 No ''s'' in the company name:

One Parking Solutions Limited

JimsDay

Coupon-mad said:

Looks very good indeed, and I am so glad people are finding they can use the template and put their facts in, and hey presto they have a decent defence.

It is a defence with three Appendices, that might (if you are lucky) see your local Judge strike the claim out, and if not it puts you in a good position in readiness for witness statement and evidence stage.

 No ''s'' in the company name:

One Parking Solutions Limited

Honestly, thank you so much, if it wasn't for that specific draft I think I would of found compiling one myself very difficult. I'm hoping that the judge will just throw the case out as I get nervous in situations where all eyes are on me haha, would you recommend sending the defence and appendices in word doc or pdf? 

Coupon-mad

Once it has been signed and dated, scan all the pages and save them as a PDF, then email it.

newbieinthebuilding

nosferatu1001 said:

Neither have 99/.9% of posters on here, and they manage and so will you!
Yes you use the template defence - thats what it is there for! Just make sure you check it thoroughly so it applies to you

Thank you. All done and sent. Ready for the next step lol . Bring it ON