Urgent -County Court SIP Parking Limited - Ticket Dispute

nosferatu1001

You were not told to add an appendix D, so you do not do so. The defence does not contain *evidence*, that comes much later. newbies thread, again
WHy arent you sure about POFA? You can either rely on it, or not. 
EDIT YOUR POST - youve left your full name on it, and no doubt other details....
You never have to admit to being the driver, even if you were - whic hI dont know, and noone on here would do either as long as you never tell anyone who was driving. 

Le_Kirk

You have a smiley instead of Appendix B ) because you did not leave a space between the B and ).  New forum software reads it as a smiley.  What is appendix D?  If it is evidence, that is not filed until WS and evidence stage.
You need the longer new statement of truth (Ask Auntie Google. C-m will apologise for leaving it off the template defence and she will get round to adding it soon.)

nosferatu1001

ALso, no need to cut and paste the whole of it. Just para 16 and 17. 

Le_Kirk

I was about to post to remind OP when I saw it was too late!

Umkomaas

2.       In relation to parking on private land, it is settled law from the Supreme Court, that a parking charge must be set at a level which includes recovery of the costs of operating a scheme.  However, this Claimant is claiming a global sum of £185. This figure is a penalty, far exceeding the £85 parking charge in the ParkingEye Ltd v Beavis case. 

What's the breakdown of the global sum to get it to £185?

OhVADR

Hi All,

Took the weekend away from all this Car Parking defense brain needed a rest. i chose to remove section 16 around admittance for driver as im not sure what i put in my statement/appeal back when the ticket was first produced, im not sure if they will pull this up at trial and did not want to contradict. I will happily put this back in if helps my defense.

i have removed the section around Appendix D and will supply the photos i have taken of a valid ticket at the WS / Evidence stage

@Le_Kirk - Im by no means savy with writing these defense statements i dont feel i can add to section 17 any more without just blabbing on about nonsense. Please see updated section 16/17 below. 

@Coupon-mad - Is there an updated template for Section 17 that i could follow ?

@Umkomaas - £185 (Amount Claimed £160 , Court Fee £25)

Section 16
The Defendant is not the only driver of this vehicle and has no knowledge of any parking charge notice(‘PCN’) or letters. It is not established thus far, whether the car was parked, or just stopped momentarily and caught by predatory ticketing. 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

Section 17

The defendant has made effort to purchase a valid ticket (please see supporting evidence) this show a valid parking ticket present for the accused date. The defendant was not aware of the boundaries set between the two car parks and that inadequate signage pointed to no alternative payment when both machines on site were out of order. The defendant was caused to make a transnational decision that would not have been needed had relevant lighting, accurate signs and working alternative payment methods had been in place. Had the defendant moved his car to street side parking besides a non-working machine during operational hours the council would not have directly fined. How can a company require payment but make it impossible to accept payment, when effort was made to contact customer support to address the non-working machines no contact was received.

nosferatu1001

You sent a SAR, yes? If so, you will get your copy of the appeal back. Obviously this will be after the defence is in. 

Umkomaas

@Umkomaas - £185 (Amount Claimed £160 , Court Fee £25)

So the Global Charge (the spurious elements) should read £160. The £25 Court Fee is legitimate - they have to pay it to proceed, you will be charged that amount as part of whatever a Judge awards the claimant in costs, if you lose. 

Le_Kirk

You could read other defences posted by people in a similar situation to you.  Use the forum search facility.  @Coupon-mad has given you 99.9% of a template.  Your job is just to add that last little bit that turns it into your defence as opposed to a generic one.  Your #16 seems OK (providing it is true) and your #17 starts off OK but then descends - to use your words - into waffle.  You cannot ask questions in a defence, you state the case in technical and legal arguments.  If NO methods of payment were available to you, this is Frustration of Contract and should be stated.  You put the claimant to strict proof that (any/other) working methods of payment were available.  If the boundaries of the car park were not clear to you, you put the claimant to strict proof that the boundaries were clearly delineated.  All other information in that paragraph can be saved for your witness statement.

Coupon-mad

@Coupon-mad - Is there an updated template for Section 17 that i could follow ?

Wow, people want a template for everything?  Of course not! The entire defence is written for new posters, except for some teeny weeny facts about the car park that everyone can manage to add themselves.  Just get rid of the questions and why have you left this in, does it make sense, is it true for your case?

The Defendant is not the only driver of this vehicle and has no knowledge of any parking charge notice(‘PCN’) or letters.

BTW I've re-written the template defence in the past 24 hours and you can be the first to use the new one if you like - it's far more robust about trying for a strike out. I am only suggesting people attach the Southampton case now (not A, B and C).  And it has the new statement of truth of course so it's up to date, hot off the presses.