Template defence questions

Coupon-mad

For point #18: In my case there was apparently some kind of iPad that the vehicle was supposed to be registered on which the driver had no sight of; the signage was sparse, hard to read and as far as is known doesn't mention the necessity to register on a iPad;

That wording appears in a ParkingEye defence example in the NEWBIES thread.  I am NOT telling you to use that full P/Eye defence, because the template defence is more suited to CEL, but you will find plenty of words to copy in the hidden iPad P/Eye defence linked in the NEWBIES thread.  Put some of it in as #17 and #18.

Also, search the forum for CEL Wonga - you will learn about why we laugh at this company!

mattura

Many thanks @Coupon-mad, I have noted that my claim is "signed" by "S Wilson" (formerly Wonga)!

I am using the template defence, (having read each point to check it applies) and have drafted/edited my point 17 and 18 as below - May I invite your constructive comments...? I've kept it brief and simple so far, not mentioned the equality act issues as I'm not sure how to phrase this to my benefit.

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 some time 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.  The images provided from the ANPR camera(s) show the vehicle against a plain asphalt background, with no reference point as to where the vehicle was at the time the picture was taken, and whether this correlates to entering/exiting the private land boundary. No maps or annotations were provided. 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.

18. The Driver and their party were patrons of the restaurant located on the site of the car park, thereby exempting the vehicle from parking charges. Nonetheless, a Parking Charge Notice was issued. After contacting the restaurant management, it became apparent that visitors were expected to type their VRN on a keypad; which was nowhere to be seen on the date in question. Nor was the Driver alerted to that fact by restaurant staff, or by any visible signage.

Le_Kirk

It would look better if you sort out whether it is section 8 or section 9 and then you can remove "as the case may be", which can be done by asking Auntie Google about the POFA.  It is to do with whether or not there was a windscreen ticket followed by a NTK or just a NTK.  I have seen defences submitted left like yours.

mattura

Ah yes thanks, missed that. There was no windscreen ticket so I'll put section 9

Umkomaas

mattura said:

Ah yes thanks, missed that. There was no windscreen ticket so I'll put section 9

...... and a few words after it to detail why.  

Provided the letter you quote (39 days to send) is the Notice to Keeper (not a 'Reminder'), your vehicle isn't hire, lease or company related and you haven't revealed the identity of the driver in any written (or telephone) communication with CEL, then 'No Keeper Liability' can be argued robustly. 

Coupon-mad

Yes that will be fine.

mattura

I gather it is recommended to post the defence rather than email? But ideally I'd much rather email. I saw hoohoo's post for the address "ccbcaq@hmcts.gsi.gov.uk", but should I attach my word document, or copy the text in? I intend to attach the Somerfield case as well, does this sound ok?

Coupon-mad

No-one posts their defence. 

Hoohoo hasn't posted here for donkeys years.  That email address is very old.  We tell you the email addy to use, in the TEMPLATE DEFENCE thread, what more do you need?  Stop reading years old posts!  No-one appends Somerfield.

KeithP

You really need to re-read my post of 29 July at 2:26PM, the very first reply you received on your thread, where I wrote:

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

mattura

Coupon-mad said:

No-one posts their defence. 

Hoohoo hasn't posted here for donkeys years.  That email address is very old.  We tell you the email addy to use, in the TEMPLATE DEFENCE thread, what more do you need?  Stop reading years old posts!  No-one appends Somerfield.

Thanks.

I see, the template defence thread does indeed have the information I needed. The trouble was the newbies thread links to old bargepole summary in which he recommends printing and posting the defence.

I meant Southampton, not Somerfield, you probably guessed!

Easy to get confused with all these threads