Excessive parking fine - no contactless payment option during COVID times, any grounds?

imnotarobot456

Hello,
I am in the process of putting together my defence and would be grateful if you could please advise me on these questions:
a)-As I understand from the template posted by @Coupon-mad, are we to paste the entire thing but  personalise #2 and #3?  I am not versed in legal language, although I have read through the highlighted points of CRA 2015, ParkingEye Ltd v Beavis [2015] and HHJ Hegarty’s High Court decision in ParkingEye Ltd v Somerfield Stores Ltd ChD [2011] as per the template, and they do seem relevant.
b)- With regards to the signage warning of the possible 'penalty' for non compliance, the Claimant (KBT Cornwall/Armtrac) said in its initial rejection of my appeal 'We can see in the photographic evidence that we hold for this PCN that your vehicle was parked within clear view of one of our warning signs, therefore we feel that you have been made fully aware that this is private land and that any vehicle parked not displaying a valid authorising permit or Pay & Display ticket will be liable to receive a PCN'. However, from the photographs they sent as part of my SAR, I can't see any specific large warning signs and think they must be referring to the board by the Pay & Display machine, although from the photo I can't read the small writing which is where the warning presumably is. Therefore I think I am probably within my right to keep the parts in the Defence template about unclear signage, although I don't think that can be my main defence.   
c)- This is what I was planning to write for #3.
3.  The Defendant had driven to Swanpool Beach so her child, whom she was homeschooling at this time, could meet a friend as a treat. On arrival at the car park, she went to pay in good faith and found the Pay and Display machine was ‘coins only’. She had not been carrying coins because of the Covid-risk as she was in Cornwall specifically to look after her vulnerable parents, her mother having been in Treliske hospital with pneumonia just days before this incident. It is extraordinary that in the midst of this global Coronavirus pandemic, this carpark did not give customers the option for contactless payment or by telephone payment. When the defendant wrote to say as much to the owner of the carpark, Ms Esther Lochrie, she replied saying: ‘Whilst this obviously isn’t useful to you now, we have just installed Just Park.’ She also said that the cafe - the only commercial premises nearby - would have given me change, but when she visited the cafe, it had a large notice in the window saying ‘contactless payments only’ so she did not even attempt to ask for cash. The fact that Ms Lochrie has since changed her car park payment system is an implicit acknowledgment of the need to adapt and update her machines to meet current health needs, and of the inadequacy of her previous payment system. 

The Defendant, whose profession is a freelance art writer, has found her income severely diminished during this unprecedented year of the Coronavirus pandemic and is dismayed by the aggressive pursuit by the Claimant via the legal firm hired to recover its debts in this difficult time. On receipt of the Parking Charge Notice, the Defendant immediately lodged an appeal to the Claimant and offered to pay what she owed for her use of the car park but these offers were declined. 

 - I know that several members on here said that Covid was not a legitimate defence - (although don't you think that there is a case to be made for an unprecedented time of anxiety? perhaps I am being naive) and nor was not having coins, so I would very much appreciate hearing what line of defence you would propose instead, as you clearly believe - as do I - that we need to fight these immoral companies rather than pay up at the first hurdle? 
Thank you in advance for your help. I am quite anxious about this as it is my first court case for something like this and much appreciate the support of this forum. 
all best wishes,

nosferatu1001

OK so what happened in the intervening 5 months? Landowner complaint went nowhere?

What is the date of issue of your clasim form? 
Have you filed yoru AoS online?
If so, what date exactly did you do so?

3 - every para wil need its own number. you then renumber the following para
At first glance that is too long by far. It is a concise background, not a novella. 

imnotarobot456

Hello
 yes the landowner claim went nowhere, except she did tell me that she had now changed her payment system to Just Park. The date of issue of the claim form is 9 Feb 2021 and I have submitted the acknowledgment of service on 11 feb and spoken with the court, which said I have until March 14 to send my defence.  Thank you

nosferatu1001

Ouch, you left this really late
Re-write three. Dont do this in isolation, look at existing defences others have written so you cna see the inforamtion that goes in 3
IT is NOT a lengthy job

KeithP

I think the CCBC may be wrong with your Defence filing deadline.
Please can tell us what your MCOL Claim History says on the line...

Your acknowledgment of service was received on dd/02/2021 at hh:mm:ss

imnotarobot456

Oh dear, what should I have done before? my understanding was that there was nothing to be done about all the many BWlegal letters but wait until the claim form and then answer that. I thought I was following the advice to the letter.   
I will look at other defences and definitely trim mine but I couldn't see anyone with a similar standpoint to mine, which was why I wanted to ask the forum's advice about the best grounds for defence in this case?
Do I need to call a witness? The mother of my son's friend was there but I don't think she would be keen to stand as she paid her fine...

imnotarobot456

I emailed the AoS so received an automated response on 11/2/2021 and when I spoke on the phone to the county court to check the procedure, the person told me I had until 14 March to file the defence. I have not received any further correspondence about the AoS or the case in the post.

KeithP

imnotarobot456 said:

...when I spoke on the phone to the county court to check the procedure, the person told me I had until 14 March to file the defence. 

 And as I said earlier, I think they may be wrong.
Particularly as 14th March is a Sunday.

As you haven't said anything different, I suggest your Defence filing deadline is as below...

With a Claim Issue Date of 9th February, and having filed an Acknowledgment of Service on 11th February, you have until 4pm on Thursday 11th March 2021 to file your Defence.

That's one week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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

Don't miss the deadline for filing a Defence.

Redx

imnotarobot456 said:

I emailed the AoS so received an automated response on 11/2/2021 and when I spoke on the phone to the county court to check the procedure, the person told me I had until 14 March to file the defence. I have not received any further correspondence about the AoS or the case in the post.

There is no Court at the moment , you spoke to the CCBC in Northampton , which is definitely not a county court , the county court in Northampton is an entirely different location

Deadlines never fall on a Sunday

Login to MCOL , check your claim history and copy and paste all those date details here

imnotarobot456

Thank you very much. You are right, I must have spoken to the CCBC thinking that was the court. apologies for my greenness on this. This is what the claim history says: 
A claim was issued against you on 09/02/2021

Your acknowledgment of service was received on 11/02/2021