Defence help with NCP Ltd - BW Legal

pompeyobrien

Hi all

I have been caught out by a new system in a carpark. 

I have read the newb posts and have done the AOS.

I will be submitting my defence today.

If anyone has a quick moment to go through my amended parts of the defence template i have used from these forums it would be appreciated.

The facts as known to the Defendant:

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

3.       The defendant did enter the car park at the time specified by the claimant. The car park was used due to the defendant attending a three hour long case study exam for their CIMA degree. The car park had been used regularly by the defendant for close to 30 years. On this day the defendant noted that the barriers had been removed and a ANPR system had been newly installed. There were large signs on the level, the signage had large and small print which would of needed an unreasonable amount of time to read fully. Due to the exam starting soon the defendant decided to go to the exam and use the system like he had in other car parks with ANPR systems. On their return they put in the car registration at the pay station and pressed the ok button a few times until it told them to pay. At this point the defendant paid the amount requested on his card as they always have done before.

The defendant had been caught out once before by an ANPR system at a Walk in centre hospital when he took his son there after he had collapsed. The defendant then paid £60.00 costs after being chased for a few months by the company that runs ST Marys walk in centre car park. This made the defendant aware of how ANPR systems work at car parks as the defendant researched them at this point. The defendant was surprised to get a claim against them as they had thought they had paid for the stay. The defendant went back to the car park and was surprised to find that the ANPR system doesn’t automatically tell you how much you have to pay like all the rest they had used. This car park had a complicated system in which you had to tell them how long you had stayed even though they knew this already due to the ANPR, plus they had large complicated and unclear signage which people wouldn’t have time to read or fully understand while going about their business for the day. This all seems highly unfair. There were large queues this time with confused drivers trying to work out how to pay.

The defendant also didn’t understand the admin fees that were claimed for in their letter as they were large for a small cost. The defendant has always paid for car parks and believes that he has been treated unreasonably in this case. It does seem like this car park has been made deliberately complicated so they can make more money through intimidation and harassment. The defendant has had numerous unfair and unreasonable letters and some credit checks from the claimant before it has got to this stage. The credit checks were a surprise and a worry to the defendant.

Many thanks in advance

Coupon-mad

have done the AOS.
I will be submitting my defence today.

Dates please - date of N1 claim issued and date of AOS - and why are you rushing?

pompeyobrien

Hi CM
Claim issued 10/11/20. AOS submitted 23/11/20.
I apologise for what seems like rushing, but i have always been a last minute person due to being busy at work and other life issues. This issue is low on my importance list but i would like to make it difficult for the scammers if possible. I understand if there is not enough time to help. 

Coupon-mad

You have all weekend...

pompeyobrien

I do, but i am off to pick up my boy from Uni on the Saturday and then i am visiting my daughter and grandson on the Sunday. All outside and socially distant!
So i would like to post this today. Correct me if i'm wrong, but isn't this just getting the ball rolling and i will have to spend more time on the next stage when it goes to the actual courts. As this is at the County Court Business Centre. 
I do have one specific question....... Do i not post the defence on the moneyclaim site? Or do i just post it to the email address supplied with your template?

KeithP

pompeyobrien said:

Claim issued 10/11/20. AOS submitted 23/11/20.

With a Claim Issue Date of 10th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 14th December 2020 to file your Defence.

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.

Coupon-mad

You have until Monday, as KeithP says.  I am also doing a Uni pick-up this weekend.

nosferatu1001

You email, as instructed. 

pompeyobrien

Got to love Uni pickups. Will be good to have them back for Christmas
Monday is a busy day at work for me, but i will come back here then and see if there is any advice.
Many thanks for your time today.

nosferatu1001

Well my only real advice is - your para 3 is stupidly long. 

Defences need to be concise. Work on that. From a skim it's full of irrelevancies and embellishments, and fails to quickly and clearly establish some short facts of the day. 

Every para has its own number, of course, and you renu be the rest of the template appropriately. 

pompeyobrien

Hi Nos
I expected that would be the case as i do get carried away when annoyed. 
I have now deleted a large part of the defence, i can trim more.

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

3.       The defendant did enter the car park at the time specified by the claimant. The car park had been used regularly by the defendant for close to 30 years. On this day the defendant noted that the barriers had been removed and a ANPR system had been newly installed. There were large signs on the level, the signage had large and small print which would of needed an unreasonable amount of time to read fully. Due to the exam starting soon the defendant decided to go to the exam and use the system like he had in other car parks with ANPR systems. On their return they put in the car registration at the pay station and pressed the ok button a few times until it told them to pay. At this point the defendant paid the amount requested on his card as they always have done before.

4.       After a claim was made, the defendant went back to the car park to find that the ANPR system doesn’t automatically tell you how much you have to pay like all the rest they had used. This car park had a complicated system in which you had to tell them how long you had stayed even though they knew this already due to the ANPR, plus they had large complicated and unclear signage which people wouldn’t have time to read or fully understand while going about their business for the day.

5.       The defendant also disagreed with the admin fees that were claimed for in their letter as they were large for a small cost. The defendant has always paid for car parks and believes that he has been treated unreasonably in this case. The defendant has had numerous unfair and unreasonable letters and some credit checks from the claimant before it has got to this stage. The credit checks were a surprise and a worry to the defendant.

Thanks for pointing out the para numbers.