County court letter arrived from Mr Walton Wilkins Premier parking logistics. HELP

hx561civic

KeithP said:

hx561civic said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

It was issued on 20/11/20 and I submitted the AOL yesterday 26/11/20 for full defence. Thanks for helping out 

That's now twice you've mentioned AOL.   

With a Claim Issue Date of 20th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 23rd December 2020 to file your Defence.
As that's the last working day before Christmas for the courts, you might expect them to close a little early and want to make an allowance for that. Filing your Defence the day before might be prudent.

That's four weeks 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.

It probably is due to the lack of sleep and stress due to receiving this court letter lol.
I am worried my defence is slightly more tricky due to being a hired vehicle and not the driver at the time. 
But I will make sure i do lots of research and reading prior to submitting the defence. Thanks so much for your advice.

Redx

Shouldn't be difficult because WW will have failed to comply with POFA and so as hirer and not the Driver you have no liability in law

The driver might be liable , but at the moment this isn't their name on the claim form , it's yours , a passenger who has no liability

And it's AOS , not AOL , AOL was an internet provider

Use the template defence , adapt paragraphs 2 & 3 , post all adapted paragraphs below for critique

hx561civic

Redx said:

Shouldn't be difficult because WW will have failed to comply with POFA and so as hirer and not the Driver you have no liability in law

The driver might be liable , but at the moment this isn't their name on the claim form , it's yours , a passenger who has no liability

And it's AOS , not AOL , AOL was an internet provider

Use the template defence , adapt paragraphs 2 & 3 , post all adapted paragraphs below for critique

Thanks for the advice and reassurance! I have made so much mistake from this post cos of the lack of sleeps even since this court letter came through lol. Should be able to get some sleep tonight after all of your help and advice 

beamerguy

You do realise that DCBL are trying to get Walton extra money for xmas by scamming you

FAKE DCBL ADD-ONS = A FEEBLE ATTEMPT OF DOUBLE RECOVERY
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Coupon-mad

On my appeal/complain email to PPL I stupidly put the relationship of the driver as I genuinely thought it was a mistake that they made for sending me the parking notice! 

What do you mean?  You were not driving, so do you mean you said you were?  Or that you said ''it was my gf'' but no name?

hx561civic

Coupon-mad said:

On my appeal/complain email to PPL I stupidly put the relationship of the driver as I genuinely thought it was a mistake that they made for sending me the parking notice! 

What do you mean?  You were not driving, so do you mean you said you were?  Or that you said ''it was my gf'' but no name?

I said “my partner was waiting in the driver seat  while I went into the shop for 10 mins” didn’t provide a name, just mentioned of our relationship. 

hx561civic

Cos I genuinely wasn’t the driver, just the hirer of the vehicle. When the parking notice arrived, I sent a appeal/complain email to Premier Parking logistics asking them to cancel the fine, but have had no reply at all. 

Coupon-mad

That's fine, in fact it's good because it confirms you were NOT the driver and that you used the shop. 

Was it the right shop, but you saw no prominent notice inside the shop, about 'registering' the car VRM to exempt it?  If that's the case then they have failed to place prominent notices inside the store to make sure that the obligation and mechanism for exempting a customer's car was 'bound to be seen' and there was no breach of contract if they failed to make it so conspicuous as to be 'in your face'.

Read Lord Denning's ''red hand rule'' in Spurling v Bradshaw and ''Thornton v Shoe Lane Parking''.  The red hand rule still holds good.

D_P_Dance

Siufficient verbiage on those signs to commission a nuclear power station imo, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

hx561civic

Coupon-mad said:

That's fine, in fact it's good because it confirms you were NOT the driver and that you used the shop. 

Was it the right shop, but you saw no prominent notice inside the shop, about 'registering' the car VRM to exempt it?  If that's the case then they have failed to place prominent notices inside the store to make sure that the obligation and mechanism for exempting a customer's car was 'bound to be seen' and there was no breach of contract if they failed to make it so conspicuous as to be 'in your face'.

Read Lord Denning's ''red hand rule'' in Spurling v Bradshaw and ''Thornton v Shoe Lane Parking''.  The red hand rule still holds good.

There was no terminal or any poster or sign about registering the car in the shop, it’s defo the correct shop I went into. The only problem I’m worried about is that on the sign it’s says the 2 marked bays only, the photo of the penalty notice our car was where the red cross is cos it was unclear which specific bays they meant.