Fighting a Parking fine due to a faulty meter at small claims stage

dvdccd

Hi, I'm looking to get some advise on how I should proceed.
On 08/02/2019 I received a yellow sticker fine notice for overstaying my ticket.
This happened because although I had put enough money in the meter to cover my stay, the screen that displays the balance was broken, so when I pressed the green button to issue the ticket it did not give me the full time, as it must have missed counting one of the pound coins. Normally I would have checked or used another meter but I was in a rush, it was raining very heavily and the other ticket machine was in use.
After reading around and talking to friends and family I decided not to contest until I received it as a letter.
So fast-forwarding to 12/10/2020 I received a solicitors letter, stating that I owe them £160. I emailed back requesting they provide photo's of my car being ticketed, which they do and I then explain the circumstances regarding the faulty display on the meter and that I had not recieved a written fine in the post. They came back with an attachment of the fine that should have been sent to me and stated that I had missed my opportunity to appeal.
Unfortunately, I did not take a picture of the faulty meter and the car park no longer exists so I have no way of proving the machine was faulty.
I am now at the stage that I have been issued a County Court Claim for £259.25 and my only defenses are that:
1. I never received a fine in the post - I'm not sure how I can prove this though, apart from that the same company has done this to someone else on this forum
2. The machine was faulty - the only way I can think of proving this is using a freedom of information request on the meters service and repair history (if that's possible?)
3. I can prove the weather was bad at the time I purchased the using OpenWeather
4. The other machine was in use - possibly the same freedom of information request issue I guess

D_P_Dance

It is not a fine if it is issued by a private company.  If that is the case, they are almost certainly claiming for unlawful amounts.  All is explained in the newbies. please read them.

KeithP

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

Coupon-mad

The machine was faulty - the only way I can think of proving this is using a freedom of information request on the meters service and repair history (if that's possible?)
FOI is not possible against private firms and this is not your case to prove!  It's the CLAIMANT'S burden to prove and they will lose.

Please answer KeithP's question so we can give you bespoke advice with deadline dates.

dvdccd

KeithP said:

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

Hi Keith, The issue date on my claim form is 04/01/2021, I received it Friday the 08/01/2021, and I have not issued a response yet.
Thanks
Ben

dvdccd

D_P_Dance said:

It is not a fine if it is issued by a private company.  If that is the case, they are almost certainly claiming for unlawful amounts.  All is explained in the newbies. please read them.

Thanks, I will go re-read that newbies post I don't think read it carefully enough the first time.
Ben

Umkomaas

dvdccd said:

D_P_Dance said:

It is not a fine if it is issued by a private company.  If that is the case, they are almost certainly claiming for unlawful amounts.  All is explained in the newbies. please read them.

Thanks, I will go re-read that newbies post I don't think read it carefully enough the first time.
Ben

Confine yourself to just the second post of the sticky which covers the entire court process. No need at this stage to read the entire sticky. 

Which parking company?

dvdccd

Coupon-mad said:

The machine was faulty - the only way I can think of proving this is using a freedom of information request on the meters service and repair history (if that's possible?)

FOI is not possible against private firms and this is not your case to prove!  It's the CLAIMANT'S burden to prove and they will lose.

Please answer KeithP's question so we can give you bespoke advice with deadline dates.

Thank you, that is good to know. The County Court issue date is 04/01/2021 and I haven't responded yet, As I was concerned about my defence being weak, So I wasn't sure whether to agree to mediation. I thought I would get some advice here first.

Coupon-mad

So I wasn't sure whether to agree to mediation. I thought I would get some advice here first.

But you will get the answer to the Mediation question when you read the second post of the NEWBIES thread.  It is there in the info under the red heading.  I'm not saying any more and not supplying a link because it's right there.

Ralph-y

reading links for you ...

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

KeithP

dvdccd said:

KeithP said:

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

Hi Keith, The issue date on my claim form is 04/01/2021, I received it Friday the 08/01/2021, and I have not issued a response yet.
Thanks
Ben

With a Claim Issue Date of 4th January, you have until Monday 25th January to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 8th February 2021 to file your Defence.

That's four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.