Telephone hearing in June.. help and advice welcome

greenfern3655

Hi. Back in March just as the first lockdown was being announced, a friend and I took our kids to have a brief meeting ahead of social distancing etc and enjoy a little picnic at the side of the lake in a local waterpark. Neither of us saw a parking sign, if I recall it was raining and misty that day. ( I have since gone back to check out the signage and it's positioned a bit to the side of the entrance and is unlit... easy to miss!) I received a PCN around 10 days later... my friend did not. I thought it might be bogus so ignored all the subsequent threatening letters and kept a light eye on the postings in this forum. When I received the LBC I sent Minster Baywatch and Gladstones a SAR, I received only dim lit photos of the car's number plate as it entered and exited the site, around 25 minutes apart. My claim form from the business centre arrived, dated 14.12.20. I completed AOS on 29.12.20. I also sent Gladstones a document request email under CPR 31.14, I received an automated response, their offices have been closed for the holidays. Nice for some. Anyhow, I'm now drafting my defence and wonder if anyone has a suggestion for the wording of paragraph 3 based on my backstory? Many thanks 

Redx

I suggest you post paragraphs 2 and 3 from your current draft , for critique , nobody is going to write it for you , it's a case of do your homework , hand it in , prepare for red pen critique

No landowner authority and poor and inadequate signage should feature

Shame that you did not appeal it to MB and Popla at the time

KeithP

greenfern3655 said:

My claim form from the business centre arrived, dated 14.12.20.
I completed AOS on 29.12.20.  

Hello and welcome.

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 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.

greenfern3655

Ok. Fair enough... just wonder if it's worth mentioning that my friend didn't receive a PCN although parked there at the same time?
Yes I sent the SAR to Minster Baywatch and literally only had a some notes regarding the keeper details from the DVLA and 2 dingy photos of the car entering and leaving the carpark..

Redx

greenfern3655 said:

Ok. Fair enough... just wonder if it's worth mentioning that my friend didn't receive a PCN although parked there at the same time?
Yes I sent the SAR to Minster Baywatch and literally only had a some notes regarding the keeper details from the DVLA and 2 dingy photos of the car entering and leaving the carpark..

Not relevant regarding your friend not receiving any pcn

So post the 2 adapted paragraphs below for critique asap

greenfern3655

Ok. Here's a first draft of my defence, paragraph 2 and 3.... 
I know I'm not supposed to write a story at this point but hopefully lays out the defence well??

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied, as there was no contractual breach. The contract was frustrated as a direct result of the poor placement, lighting and general visibility of the terms of the signage the claimant uses as evidence of this claim.

3. The defendant had driven to Cotswold Waterpark to park by the lakeside and allow the passengers (children) to stretch their legs and have a picnic. The ‘land’ which forms the basis of the current claim appears to consist of a large amount of open space with some marked bays and others not, a boat landing area, a field, some boulders and trees. The defendant only discovered upon investigation for this claim; at a later date, that over at the far side of this land, in the shadow of the trees , there is a community notice board and the unassuming and unlit signage the claimant alleges as the contract. The defendant had not seen the signage on the day of the alleged breach of contract. 

greenfern3655

I've added to paragraph 3... it now reads...

3. The defendant had driven to Cotswold Waterpark to park by the lakeside and allow the passengers (children) to stretch their legs and have a picnic. The ‘land’ which forms the basis of the current claim appears to consist of a large amount of open space with some marked bays and others not, a boat landing area, a field, some boulders and trees. The defendant only discovered upon investigation for this claim; at a later date, that over at the far side of this land , there is a community notice board and the unassuming and unlit signage the claimant alleges as the contract. The defendant had not seen the signage on the day of the alleged breach of contract. Even if she had, it would have been unclear to which part of the ‘land’ the signage pertained.

Redx

are you defending as KEEPER under POFA or as driver ?

if the latter, add that into paragraph 2 (a driver usually admits to being both keeper and driver if not defending using POFA)

Coupon-mad

Yes, you are admitting to driving in #3 but haven't expressly 'admitted' that in #2 as well as admitting to being the keeper.  Generally, where your case is about unclear signs (which most cases are) you are best admitting to driving from the outset as it's a more honest defence stance and you are then the only true witness at the hearing.  A good position to be in.

nosferatu1001

CPR31.14 does not apply to claims on teh SCT, as you should know. WHile it has not been allocated, it WILL be. 

greenfern3655

Yes, of course. I have revised paragraph 2. Thank you all. I hadn't realised that i actually have to state that I was the driver, I had assumed paragraph 3 made it clear that I was. I might as well be honest in my defence, I'm certain that I'm not the criminal in this case. Which brings me to another question: I've seen reference in a few places that there may be a conflict of interest, in that the owners of Gladstone's also control the IPC. Surely it's worth bringing to the judge's attention, could I use this in my defence?