Overstaying - What is the Legal Defense?

ZZ3100TV0

Hello, long time visitor, first time poster. I'm keeping some stuff vague, as per recommendations.
A non-private eye PPC is perusing a claim against me for two motorway service area overstays from an unspecified long while ago.
They have lumped both the claims together, I overstayed about an hour because I was most likely sleeping in my car and lost track of time. I've not responded to any letters until I got the claim form through and I've followed through with the other recommended action on this form with that.

I'm using a MSE provided defense template, however there's a bit on there which states I should add my own defense, and I'm feeling a little lost as to what to add, and that something might put me in the soup.

On both occasions (possibly different motorway service stations) I would have been driving back from a job, was tired, slept in my car for about 3-ish hours between late afteroon-ish and some time in the evening. I possibly didn't even leave the vehicle but can't remember, if I did it would have been to use the toilet and I'd have likely been a little comatose from driving or sleeping. I could have lost track of time or wasn't too concerned about how long I was staying, honestly can't remember. I do a lot of driving and stop in a lot of service stations but generally don't hang around that long. Do I just basically state this on the defense, worded more appropriately?

KeithP

ZZ3100TV0 said:

I got the claim form through and I've followed through with the other recommended action on this form with that.

What 'other recommended action' have you already taken?

In many ways your post is too vague to offer much meaningful support, but in other ways it is too detailed.
For example, you mention 'possibly different motorway service stations' which, unless you are the only victim to have received a parking charge there, hides nothing of use to others.

On the other hand, for someone who consider themselves a 'long time visitor' to this forum, you are remarkably open in identifying the driver.

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

ZZ3100TV0

Other interesting thing...

I've just gone through my filing cabinet and found the original letters. I also have a letter stating that one of the PCN's had been cancelled!

nosferatu1001

Start with facts
date of issue
date you filed the aos 
Who the ppc is
and so on 

ZZ3100TV0

The issue date was 31/12/20, I've already gone through and acknowledged it. I've submitted SARs too.
Possibly? Lets just say it was two different motorway service stations.

ZZ3100TV0

Sorry, I'll be less vague.
CP Plus and the issue dates were Oct 2017, and December 2017, but I started getting letters again in July of last year.
I filed the AOS on Monday 4th January 2021
The letter from CP Plus states that the Oct 2017 had been cancelled, but I never appealed it -  I think it was sent in error.

KeithP

Did you file an Acknowledgment of Service online?

If so, tell us exactly what date you did that - you MCOL Claim History will help you with that.

ZZ3100TV0

I did final the Acknowledgment of Service online.

ZZ3100TV0

*File.
Sorry, I'm terrible for both typos and not proof reading!

KeithP

With a Claim Issue Date of 31st December, and having filed an Acknowledgment of Service on Monday 4th January, you have until 4pm on Monday 1st February 2021 to file your Defence.

That's over three 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.

ZZ3100TV0

What about the fact that I've got a letter from CP Plus stating one of the PCN's had been cancelled?