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

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Comments

  • SKT29
    SKT29 Posts: 29 Forumite
    10 Posts
    I managed to get permission to amend my defence and would appreciate your views on my defence as below.

     

    Claim no xxxxxxxxx

     

    Defence as below.

     

    Please note section 11, v) on landowners’ agreement that PCN will not be issued where the driver is present with the engine running. (For up to 15 minutes only) and this was what happened in my case.

     

    The photographic evidence shows that I was in the car park for under 15 minutes (11 minutes) and I remained in the vehicle, whilst in the car park.

     Signed

     xxxxxxxxx

    xxx Ltd

     21/7/20

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Looks more like a supplementary witness statement plus an exhibit with no reference given to it ,  to me

    Struggling to see how that is a defence
  • SKT29
    SKT29 Posts: 29 Forumite
    10 Posts
    Thanks for your input Redx, I shall try and more substance and detail :) 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In her post on 12 May at 2:51PM Coupon-mad told you exactly where to find a suitable Defence template.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 22 July 2020 at 5:46PM
    SKT29 said:
    Thanks for your input Redx, I shall try and more substance and detail :) 
    Substance and detail is for your WS , you need to learn the difference between a WS story and a legal argument defence , exhibits are submitted at the WS stage

    Your defence should contain legal arguments and as KeithP says , CM told you where to find her 2020 template Defence , so compare what she told you to the above , notice the massive difference between the two , including the fact that a defence contains the new April 2020 statement of truth as well
  • SKT29
    SKT29 Posts: 29 Forumite
    10 Posts
    Thanks Keith and Redx 👍 I get the gist of it and much appreciated !
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    O bviously you HAVE a defence argument there -  but present it as an argument
    Tthe claimant has no right to issue tickets where a vehicle is present for under 15 minutes with the engine running, as per their contract to operate. The defendants vehicle was present for 11 minutes and the engine was running, accordingly no parking charge may be issued and the claim is wholly without merit. 
  • SKT29
    SKT29 Posts: 29 Forumite
    10 Posts
    Thank you Nosferatu1001, that is very helpful and grateful for the way you have presented it .
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Agreed , so add it into the couple of paragraphs that you alter in the coupon mad template , where 90% of the work has already been done
  • Coupon-mad
    Coupon-mad Posts: 154,736 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 July 2020 at 2:50PM
    Please please please use the template defence!  You have your second chance and I told you in a previous reply (that you can look back in this thread for) exactly what you need to do and it is NOT a one line or even one page defence!
    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
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