Parking fine!!!

Ben255

Hi newbie here!
I'll give the background first then explain what I've done so far.

I entered a national trust carpark in july and found the only onsite machine to be out of order, I then qued at the onsite cafe to try and pay in there and was informed I couldn't. I didnt want to give my bank details over the phone to a computer so after taking photos of the out of order machine i got in my car and left, I was there for 34 minutes in total. 

A few weeks later i recived the fine from minster baywatch in the post, i replied and explained the above, supplying photo evidence, I admitted I was driving and believed they would use common sense and accept my appeal, more fool me! They refused my appeal and said I should of paid online. I then ignored their letters I think they sent a further 3 or 4 thinking they would give in. I have now recived the claim form from county court. They are using Gladstones. I'm a serving soldier and have been deployed overseas this month and just got back in time to submit my acknowledgement of service today so have 14 days to submit my defence.
I have spent the morning reading through all the threads and its frying my brain to be honest. 
Is there anybody that has recently had a similar case and been successful? I have no idea what to put in my defence, I was going to just put my version of events, no legal jargon, and relie on the judges common Sense and discussion but after reading through the numerous threads this morning I'm now thinking I need a rethink. Any advice much appreciated 

Redx

Your plan above is a witness statement , required in several months time , it's not a DEFENCE

The coupon mad template is a defence , so adapt it and post paragraphs 2 & 3 below after adapting them , for critique

Frustration of contract due to faulty machines is a common theme in cases like yours on a private pay and display car park

It's not a fine , it should never be called a fine , it's a PCN , Parking charge notice , or Invoice from a private parking company , the legal term fine won't be on any paperwork

I notice you didn't mention appealing to popla , this should have been done at the time , along with plan A , the landowner complaint , which you haven't mentioned either !!

Email a SAR to the DPO at Minster Baywatch attaching a copy of the claim form as proof of I D under the GDPR law

Lastly , post the issue date from the claim form below , so we can check deadlines

Fruitcake

It is not a fine.

Use the ready written template defence from the sticky threads that are just underneath the New Thread button.

Only change paragraphs 2 and 3 , and post those here. Do not post the rest of the template unless you have changed any of it.

Exhibits and evidence comes much later in the process, so you need to get in the defence points that you will expand upon later, such as frustration of contract, inadequate signage, not the landowner, no standing to issue charges etcetera. 

Please post the issue date of the claim form, and the date you did the AoS. One of the regulars will confirm or adjust important dates for you as a result.

Ben255

Thanks for your reply.
No I didnt appeal to popla, once they refused my initial appeal I foolishly  just threw any correspondence I recived about the pcn without so much as reading them. 
The issue date was 14/12/20
My AOS was submitted online today 01/01/20.

Snakes_Belly

"I entered a National Trust car park in July and found the only onsite machine to be out of order."

Are you or a passenger on the day a member of the NT? 

Ben255

Snakes_Belly said:

"I entered a National Trust car park in July and found the only onsite machine to be out of order."

Are you or a passenger on the day a member of the NT? 

No unfortunately not

Umkomaas

Ben255 said:

Snakes_Belly said:

"I entered a National Trust car park in July and found the only onsite machine to be out of order."

Are you or a passenger on the day a member of the NT? 

No unfortunately not

Pity, but I'd still write to the NT and ask them for their help. I'd certainly play on the fact that you're a serving member of the armed forces and your regular absence from the country won't give you a fair opportunity to defend this effectively.  

Ben255

Umkomaas said:

Ben255 said:

Snakes_Belly said:

"I entered a National Trust car park in July and found the only onsite machine to be out of order."

Are you or a passenger on the day a member of the NT? 

No unfortunately not

Pity, but I'd still write to the NT and ask them for their help. I'd certainly play on the fact that you're a serving member of the armed forces and your regular absence from the country won't give you a fair opportunity to defend this effectively.  

I may well do that this afternoon. Thanks!

Ben255

Fruitcake said:

It is not a fine.

Use the ready written template defence from the sticky threads that are just underneath the New Thread button.

Only change paragraphs 2 and 3 , and post those here. Do not post the rest of the template unless you have changed any of it.

Exhibits and evidence comes much later in the process, so you need to get in the defence points that you will expand upon later, such as frustration of contract, inadequate signage, not the landowner, no standing to issue charges etcetera. 

Please post the issue date of the claim form, and the date you did the AoS. One of the regulars will confirm or adjust important dates for you as a result.

Claim issued 14/12/20
Aos submitted online 01/01/20

I will read through the thread shortly and amend and post as you suggested.
Thank you for your replies I'm already a little more at ease about the situation. I have been stressing all morning about getting CCJs and debt collectors at the door. 
Thank you

Umkomaas

I have been stressing all morning about getting CCJs and debt collectors at the door. 

Neither will happen. Even if you lose a court hearing, provided you pay by the date set by the Judge, the CCJ is expunged, no affect on your credit record, just like it never happened. 

Debt collectors can never 'turn up'. Bailiffs possibly, but only if you fail to pay the above. It's not going to happen, is it?  Put it away. 

Snakes_Belly

Umkomaas said:

Ben255 said:

Snakes_Belly said:

"I entered a National Trust car park in July and found the only onsite machine to be out of order."

Are you or a passenger on the day a member of the NT? 

No unfortunately not

Pity, but I'd still write to the NT and ask them for their help. I'd certainly play on the fact that you're a serving member of the armed forces and your regular absence from the country won't give you a fair opportunity to defend this effectively.  

Yes and as you are frequently serving  abroad  a membership would not be viable at the moment but something that you will consider when you are back in the UK. 

I don't know the car park where the car was ticketed but there seems to be a lot of anger against the NT for engaging Minster Baywatch.

Broken ticket machines are easy to defend and as for paying online ( I suppose they mean by smartphone) not everyone carries a smartphone or can get a signal. 

The Public Consultation regarding the new CoP was recently open for comments and states that there should be at least two methods of payment available.

It would be useful to know which car park.