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

KeithP

imnotarobot456 said:

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

Then I think you would be wise to work to the deadline I suggested at 4:26pm.

imnotarobot456

yes I am very grateful to you, thank you @KeithP. I would have otherwise gone for the 14th. 

imnotarobot456

Could someone please direct me to examples of defences that relate to carparks on private land? There just seemed to be a few beneath the @Coupon-mad defence template relating to residential, which I understand to mean residential parking areas?
Also, should I be adding in a reference to Abuse of Process to the defence or at the Witness Statement stage? 

Redx

Then stick to the date deadline posted by KeithP , because you did the AOS at least 3 days too early

nosferatu1001

I meant you've had three weeks before coming here. 

Did you send a sar to the ppc?

The defence template covers far more than what you've said 

Coupon-mad

Honestly I feel like deleting the template defence when people say they can't manage to write the ONE TINY PARAGRAPH of facts they need to add.

imnotarobot456

Hello,
Yes I did send a SAR and got all the info back (full list of dates below). I have been under a heavy work deadline, which I could not afford to take time out from since most of my work was cancelled this past year, so that was why I didn't prepare my defence before. But in any case I thought a week would be enough time? 
My apologies for my earlier wordy defence template, and to have made you feel frustrated @Coupon-mad. I really appreciate all the support that you and the others on this forum give, it's just that this process can feel quite overwhelming for beginners. In the meantime I have read a lot more on the forum, consulted recent defences and pruned my defence down. I have only amended #2 and #3 as you suggested and used the entire template from #4 to #18 otherwise. 
I would be very grateful if you could please let me know if this amended defence is suitable.

2.  It is admitted that the Defendant was the driver of the vehicle in question but liability is denied. 

3. At Swanpool Beach car park the Pay and Display machine was ‘coins only’. The Defendant was in Cornwall to look after her parents, her mother having been in hospital with pneumonia days before the parking event, and was not carrying coins because of the Covid-risk at the height of the pandemic. The carpark did not give the option for contactless or telephone payment and the only nearby cafe for possible change had a ‘contactless payment only’ sign in the window. The carpark owner, Ms Esther Lochrie, informed the Defendant by email that she has since updated her car park payment system, implicitly acknowledging the inadequacy of her previous system. 

This is the background to the case in terms of dates:

• 14 Jul 2020: Issue date of PCN, Site: Swanpool Beach Car Park, Swanpool, Cornwall
  
• Issuer: KBT Cornwall Ltd/Armtrac Security Services
• 27 Jul 2020: Claimant rejected my appeal
• 4 Aug 2020: Carpark owner rejected my appeal  
• 16 Nov 2020: “Letter of Claim” issued by BW Legal for £160 (“parking charges and costs”).
• 1 Dec 2020: Received SAR (request submitted 21 Nov 2020)
• 9 Feb 2021: “Claim Form” issued from CCBC 9 Feb) for £239.20.
  -          £104.20 PCN and £60 recovery costs
  -          £4.20 Interest (8%, plus daily rate of £0.02)
  -          £25 Court fee
  -          £50 Legal representative’s costs
• 11 Feb 2021: I submitted my AOS to CCBC
• 10 March 2021: Defence due

Thank you very much.

KeithP

imnotarobot456 said:

• 10 March 2021: Defence due

That should read --- 

• 11 March 2021: Defence due

Coupon-mad

That's better, now you are on course, that defence addition covers the facts.

nosferatu1001

Yep, that is a lot better
Yep a week is enough, but pushing up against deadlines in a court process is a bad idea. Missing by a day may not mean much elsewhere, but coudl mean you lose - with no do overs - here