County court claims form defence template

Jenni_D

I noticed exactly the same thing and had the same thought. I wasn't confident enough that I was right about this to post earlier.

Nosy

I am slightly worried that in the hearing i won't be able to articulate and discuss each of the paragraphs in detail with the exception of my two paragraphs. I am not fully familiar with all of the other case examples in the defence as i did use the defence template and only changed paragraph 2 and 3.

In the hearing does the judge usually go through each  paragraph do i have to know my defence inside out. Should i inform Judge that i have had help writing defence? 

D_P_Dance

It would help if you could fully support any arguments which you put forward.  A hot barrister, not that you are likely to face one, could tear you to shreds if you try  to wing it.  

Umkomaas

You'd be lucky to get but a few minutes to put your case forward. Write a crib list of the key points, in order of importance, you would like to speak on if given the opportunity. Sometimes the Judge just launches into the legal rep, then delivers his judgment. This won't be a Perry Mason moment for you. 

nosferatu1001

Have you filed your own WS yet? If not, when is your deadline?
You really need to understand the defence, and thats wha tyou have had some months to do. 
Can you show us the landowner contract? I assume they supplied it. do not redact the contract yourself, we need to see it exactly how they sent it to you. We mean this. DO NOT redact it yourself.

Nosy

I started the WS today i need to submit by 11th. Hearing on 25th. 
This is what i have so far. 

1.       I am xxxxxxxx of xxxxxxxxxxxxxx , and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.   

  

2.       In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:  

  

Sequence of events and signage  

  

3. The defendant was a regular user of the car park and most of the time used the Telephone service to pay for parking which was the case on 16th October 2017.  

 

1. The defendant had an account set with the telephone service as it made paying for parking simple by using a debit card. The method of using the service for a registered user is as follows: 1: call the telephone service. 2: the system would recognise the members telephone number and ask the member to press ‘1’ if you the member wishes to park the vehicle VRN. 3: Ask the member if the member would like to pay using the save card. 4: Enter the last 3 digits of the debit card security code., which then completes the process with no need to display a ticket on the windscreen. 
2.  This was the driver's usual method of paying for parking on this site for a number of months. The driver would do this whilst walking to his workplace. This method became very common and known to the defendant and became habit.  
3. On 16th October 2017, as normal the defendant paid the full amount for parking using the telephone service which was for the same vehicle but the VRM was different as a new VRM was added to the vehicle. The telephone service as normal accepted the payment and parked the vehicle. Exhibit A shows the transaction from the defendant bank statement.  
4. It was only later when the defendant returned to the vehicle to notice a PCN. The defendant then realised he did not enter the new VRM but also the claimant telephone service and/or ANPR camera did not pick this up.  
5. The defendant then appealed the PCN clearly stating a payment was made for parking the vehicle for the full duration but the VRM was different. As a habit its very easy to make such an error but the claimant dismissed this appeal stating the terms and conditions require full registration number to be entered. 
6. Exhibit B obtained from the SAR shows the signboard, which is very unclear, the text is reduced in size and difficult to read.  
7. In the claimants appeal response the claimant continued to demand money although they were aware a payment was made where the claimant suffered no loss. The claimant continued to demand a charge for £100 or £60 (if paid within a certain time) which the defendant feels is a significant amount for a number plate error and an attempt tk extort the defendant. This could have easily been resolved by reasonable administration fee of £10. 
8. It is also clear from the SAR that the claimant was aware of the defendants payment using the old VRM but still decided to start litigation.  
9. 2.5yrs later the defendant received a ‘letter before claim’. for unmeritorious claim of £160. £160 for a typo! 
10. The defendant acknowledges that Excel Parking limited are part of the IPC but previously, prior to 16th October 2017 Excel Parking Limited were once part of the BPA that have stricter measures in place and a maximum cost of £20 for a major keying error. Could it be that Excel Parking moved to the IPC to make it easier for themselves to make unmeritorious claims. 
11. Exhibit C shows that The Ministry of Housing, Communities & Local Government also found common views in their consultation and appeals charter of setting mistyping errors to 0-£20. 

Nosy

nosferatu1001 said:

Have you filed your own WS yet? If not, when is your deadline?
You really need to understand the defence, and thats wha tyou have had some months to do. 
Can you show us the landowner contract? I assume they supplied it. do not redact the contract yourself, we need to see it exactly how they sent it to you. We mean this. DO NOT redact it yourself.

I don't see anything else regarding landowner but this 

Jenni_D

That's a witness statement, not a lease. Will that witness be at the hearing so you can cross-examine him? (We all already know the answer - the question is rhetorical). Without a copy of the lease, and without the witness being available for questioning, then the witness statement is simply a bit of paper with words on it. (I've no idea what weighting a judge may give this piece of paper).

nosferatu1001

As above 
they're claiming to have a lease over the land - so why haven't they disclosed that lease? 

Nosy

anyone know where i can find the judge's decisions regarding this case

Stockport mother wins court battle with a parking firm | Daily Mail Online