County Court Claim Form - but no defence??

Coupon-mad

Come on it's probably just a fault with their machine or a typo when you input your VRM.  That is what you add into your defence, that the Defendant always pays and the Claimant's records will show this, and the Defendant can only assume there must have been a machine malfunction or a simple keying error caused by a sticky key in the old machine, but no evidence has been provided of partial VRMs recorded that day. Nothing has shed light on the allegation and the Claimant is put to strict proof.

nosferatu1001

Or it's not all machines
for example. 

Nylamummy

Hello,
I am preparing my defence for a ticket off Bank Park Management in 2018 - to summarise, I parked for 58 mins (which would support the fact that I always purchase a ticket for one hour), but I then received a postal PCN showing my car arriving and leaving the car park, along with meter reads from the machine showing that my vrm was not entered - it has been so long ago, that i would not of kept the ticket, so I have nothing other than the time I was in the car park - I couldn't past the full template defence below, so I have just included the paragraphs in red that I had to amend. Any other ideas on areas that I can check to support my defence ? Thanks in advance

17.   The Defendant is not the only driver of this vehicle and the Particulars of Claim offer little to shed light on the alleged breach, which relates to an unremarkable date almost two years ago.  It is not established thus far, whether there was a single parking event, or whether the vehicle was caught by predatory ticketing and/or by using unsynchronised timings and camera evidence to suggest a contravention.

 

18.    The Defendant always pays, the small amount of 70p-£1 for parking in the area, as the Claimant's records will show this. The Defendant would normally purchase parking for one hour, the vehicle was in the car park for 58 mins, which would support the Defendants claim that a parking ticket for 60 mins had been purchased. The Defendant can only assume there must have been a machine malfunction, or a simple keying error caused by a sticky key in the old machine, but no evidence has been provided of partial VRMs recorded that day. Nothing has shed light on the allegation and the Claimant is put to strict proof.

Coupon-mad

Great, I would just add at the end:

...the Claimant is put to strict proof, in the form of their VRM records from all pay & display machines (and apps) at the location, covering all payments made, an hour either side of the arrival time of the vehicle.  Some VRMs may be partially redacted, but only where those payments have been matched to another vehicle in the car park, but unmatched/incomplete VRMs on the list of payments must be shown to the court and Defendant in evidence.

Nylamummy

Thank you @Coupon-mad - my worry is that if they provide all of the above information regarding VRM's and mine or one similar to mine is not listed...... what would I do then? After thinking about it more and more, I am worried in case I thought I bought a ticket, but what about if in fact I didn't, got distracted by the children or something and came back 59 mins later thinking that i had purchased one? 

Le_Kirk

Nylamummy said:

Thank you @Coupon-mad - my worry is that if they provide all of the above information regarding VRM's and mine or one similar to mine is not listed...... what would I do then? After thinking about it more and more, I am worried in case I thought I bought a ticket, but what about if in fact I didn't, got distracted by the children or something and came back 59 mins later thinking that i had purchased one? 

That is for the claimant to prove; also they have to prove their equipment was working at the time.  Of course you bought a ticket and you inputted the correct VRM; if their equipment recorded it incorrectly due to an old/worn out/sticky keypad, that is not your responsibility.

Nylamummy

Thank you @Le_Kirk

Coupon-mad

my worry is that if they provide all of the above information regarding VRM's and mine or one similar to mine is not listed...... what would I do then? 

Worst case scenario is someone loses in court and pays about £175 - £200 (i.e. less than the claim). 

No CCJ remains on file (at all) if the losing party pays what the Judge orders within 30 days, no sitting on the norty step, no repercussions...and we almost never see cases lost here. 

There is no risk; this is the Claimant's claim to prove.  Usually the PPCs fall down on evidence and I predict they will in your case, too.

nosferatu1001

The claimant has to prove their claim. 
You can give credible witness evidence that you 
- bought a ticket
- input the correct VRM
You know you input the right VRM  because its your only car / you only drive this car / youve had it for years
such that a machine malfunction / sticky keypad is a reasonable explanation. for why they have an issue...

Nylamummy

Thank you so much @nosferatu1001 and @Coupon-mad  - that has given me a little more confidence, I will log my defence on line today - its not got to be in until the 10th August - but I would prefer to get it out of the way.