Parking ticket - One Parking Solution Ltd help with Defence County Court

SKT29

Dear Solicitors

 I was a member at the gym on Causeway Lane.

 So I presume free parking for members, at the time there was limited parking and just left as lack of space.

 And you can see from photo, just over 10 minutes in the car park.

 Also this incident happened in December 2018, a year and 4 months ago.

Their reply this morning.

Dear Sir

 We refer to your email dated 11 May 2020.

 We note your comments. Please note it remans our client’s intention to proceed the matter to a final hearing.

 Should you wish to amend your defence to reflect the statements set out in your email, then we recommend you seek independent legal advice.

 Yours faithfully                                                                

 

Ralph-y

"then we recommend you seek independent legal advice."

which is what CM gave in her previous post.... not legal just good and correct advice

"You are going to have to apply to the court for permission to change that to a proper defence.  Costs £100 using form N244, unless you qualify for help with fees (Google it) in which case it might be free for you if in a low income."

the comments you posted on the court form are normally left blank to be filled in later

Ralph

Coupon-mad

Should you wish to amend your defence to reflect the statements set out in your email, then we recommend you seek independent legal advice.

YOU MUST amend that defence because it is no defence at all, and was terrible.  

twhitehousescat

SKT29 said:

Dear Solicitors

 I was a member at the gym on Causeway Lane.

 So I presume free parking for members, at the time there was limited parking and just left as lack of space.

 And you can see from photo, just over 10 minutes in the car park.

 Also this incident happened in December 2018, a year and 4 months ago.

Their reply this morning.

Dear Sir

 We refer to your email dated 11 May 2020.

 We note your comments. Please note it remans our client’s intention to proceed the matter to a final hearing.

 Should you wish to amend your defence to reflect the statements set out in your email, then we recommend you seek independent legal advice.

 Yours faithfully                                                                

 

remind the solisitors that you will be using the statement i posted in your defence 

the parking Co are a member of the BPA , there code of practice at the rime stated 

The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.
Changes were made to the BPA Approved Operator Scheme's Code of Practice in October 2015. This established a Grace Period at the end of the parking period of 10 minutes for BPA AOS members, if the location is one where parking is normally permitted.

should you wish to continue with this claim a formal complaint will be made to the BPA and the DVLA regarding your clients breach of code of practice 

Coupon-mad

There is no point writing to the solicitors. 

The person has a losing defence and must amend it to a proper one.

SKT29

What would be the proper defence please and will try and amend ?

SKT29

twhitehousescat said:

SKT29 said:

Dear Solicitors

 I was a member at the gym on Causeway Lane.

 So I presume free parking for members, at the time there was limited parking and just left as lack of space.

 And you can see from photo, just over 10 minutes in the car park.

 Also this incident happened in December 2018, a year and 4 months ago.

Their reply this morning.

Dear Sir

 We refer to your email dated 11 May 2020.

 We note your comments. Please note it remans our client’s intention to proceed the matter to a final hearing.

 Should you wish to amend your defence to reflect the statements set out in your email, then we recommend you seek independent legal advice.

 Yours faithfully                                                                

 

remind the solisitors that you will be using the statement i posted in your defence 

the parking Co are a member of the BPA , there code of practice at the rime stated 

The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.
Changes were made to the BPA Approved Operator Scheme's Code of Practice in October 2015. This established a Grace Period at the end of the parking period of 10 minutes for BPA AOS members, if the location is one where parking is normally permitted.

should you wish to continue with this claim a formal complaint will be made to the BPA and the DVLA regarding your clients breach of code of practice 

On photographic evidence arrived 11.31:05 
left at 11.42:34 (just over 11 minutes )

Coupon-mad

SKT29 said:

What would be the proper defence please and will try and amend ?

The one you read in NEWBIES PLEASE READ THE FAQS FIRST before you posted this thread.  It's the template defence linked there in the second post, the one that everyone (except for ParkingEye cases) adapts...

...but you can't add this yet.  You cannot do it, you mucked up and have to apply for PERMISSION to amend it first, as I told you, and that costs you £100 court fee to put in a N244 (unless you qualify for help with court fees).  Then the court will decide if you can amend your defence and will send an Order telling you your deadline to do so.  You will almost certainy be allowed but it costs a fee.  

SKT29

Thanks CM, learning as I go along : )
I am willing to pay the £100 court fee, if there is a reasonable chance to have this set aside.

Coupon-mad

This is not a set aside.  You are likely to get permission to amend your defence, yes.

Have you emailed OPS a SAR to Anne, to get all the photos?  Do that as well:

dataprotection@oneparkingsolution.co.uk