Parking fine!!!

Le_Kirk

To put your mind even more at ease, you will only get a CCJ if you go to court, lose and fail to pay the judgment within the time scale set by the judge (normally 30days).  If you might be overseas again soon, you should (if you can) let someone open your post and check your e-mail because, after you submit your defence, you should/will receive a N180 form, sometimes called a DQ and on this you select your local court and give any dates when you will NOT be available for a hearing.  However a complaint to NT is Plan A.  All the foregoing is laid out for you in the NEWBIE sticky.

Ralph-y

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585
and

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

Ralph

Snakes_Belly

You may not have got a mobile signal in a country park.

Snakes_Belly

Could be a hot spot which will help your defence. Check Tripadvisor. Does not do the NT any good as the derogatory comments will be aimed at their property/land.

KeithP

Ben255 said:

The issue date was 14/12/20
My AOS was submitted online today 01/01/20.

With a Claim Issue Date of 14th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 18th January 2021 to file your Defence.

That's over two 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.

Ben255

I explained to them in my appeal that I refuse to give my bank details over the phone especially to an automated service due to being a victim to fraud a few years ago under similar circumstances. I was.shocked when they refused my appeal tbh, it was 100 percent genuine. The entirety of my 30 minute stay consisted of me trying to obtain a ticket with cash. The site was crickley hill, there are literally hundreds of complaints about them on trip advisor. 

Ben255

KeithP said:

Ben255 said:

The issue date was 14/12/20
My AOS was submitted online today 01/01/20.

With a Claim Issue Date of 14th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 18th January 2021 to file your Defence.

That's over two 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.

Thank you!
Got a few jobs to do today then I'll dive into it this evening. 

Le_Kirk

Your defence is still frustration of contract; get that written into the standard defence template.  Your story of what happened on the day and subsequently, you save for the witness statement and evidence stage and it looks like you have lots of evidence piling up from your own observations/actions and from Trip Advisor.

Redx

Appeals are routinely rejected , especially when the parking rules for contract have not been complied with , as in this case. Your defence and account is based on no contract due to frustration of contract

2) is an easy one , you admit to being both Keeper and driver , because you admitted to being the driver and we assume you received the paperwork as keeper

So only 3) needs some work , post both after drafting both

Don't forget to email the SAR to the DPO at MB ASAP

Snakes_Belly

"The site was Crickley hill, there are literally hundreds of complaints about them on trip advisor."

You can mention this in your defence that the car park is a hot spot as evidenced by the number of bad reviews on trip advisor.  You could then use some of the reviews in your WS. The WS supports the defence.

Frustration of Contract is the main legal defence for this type of claim and there are cases that will support your defence

I used 
In Jolley v Carmel Ltd [2000] 2 –EGLR -154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms.

Camden Council v Prendi (not a court case but adjudicated by Henry Greenslade).

There is also a case Link Parking v Mr N however this may not have much influence are there is not a full transcript just a report from the Parking Prankster. It is a frustration of contract case though.