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

dvdccd

Umkomaas said:

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?

Thanks, It's Walton Wilkins t/a Premier Parking Logistic

KeithP

@dvdccd, ten days have passed since that question was asked.

How is your Defence progressing?

nosferatu1001

ALso, did you file the AOS? You were instructed exactly when to do so. 
FAil to do that, miss the normal 19 days deadline, and you can instantly lose. 

dvdccd

KeithP said:

@dvdccd, ten days have passed since that question was asked.

How is your Defence progressing?

Very slowly, sent off the AOS on 20/01/2021. 
I have sent off the SAR request today (26/01/2021) requesting all correspondence, photos, and meter payments for that day, and emailed their solicitor asking for a copy of the agreement the claimant has with the landowner. Not sure if benefits me but the property is now a building site, so may have changed ownership since the ticket was issued. Either way will hopefully see how it stacks up against 7.1 of the BPA code of practice.
There is the fact they never issued me with an NTK but I have effectively admitted I was the driver, so not sure if that is a point worth making or not. 
Nothing I've read seems to match my situation, I know the meter display was the cause of the issue and I know the burden of proof was on them, and that's all I have really.

dvdccd

nosferatu1001 said:

ALso, did you file the AOS? You were instructed exactly when to do so. 
FAil to do that, miss the normal 19 days deadline, and you can instantly lose. 

Thank you, I managed to send it off on 20/01/2021, so in time just!

Umkomaas

Either way will hopefully see how it stacks up against 7.1 of the BPA code of practice.

But Walton isn't a BPA AOS member, so their Code of Practice is of no assistance. You need to check out the IPC equivalent. 

KeithP

dvdccd said:

KeithP said:

@dvdccd, ten days have passed since that question was asked.

How is your Defence progressing?

Very slowly, sent off the AOS on 20/01/2021. 
I have sent off the SAR request today (26/01/2021) requesting all correspondence, photos, and meter payments for that day, and emailed their solicitor asking for a copy of the agreement the claimant has with the landowner. Not sure if benefits me but the property is now a building site, so may have changed ownership since the ticket was issued. Either way will hopefully see how it stacks up against 7.1 of the BPA code of practice.
There is the fact they never issued me with an NTK but I have effectively admitted I was the driver, so not sure if that is a point worth making or not. 
Nothing I've read seems to match my situation, I know the meter display was the cause of the issue and I know the burden of proof was on them, and that's all I have really.

All that is 'nice to have' stuff.

Please now divert your attention to the important thing.

You do understand, don't you, that you have a fixed deadline for filing a Defence?
That deadline is now less than two weeks away.
You only have to write two paragraphs.
Show us those two paragraphs when you are ready.

As I said earlier:

...you have until 4pm on Monday 8th February 2021 to file your Defence.

Still plenty of time, but less than half that available when I wrote those words.

Ralph-y

some reading that will help...

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

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Coupon-mad

Nothing I've read seems to match my situation, 

But you don't need it.  Everyone uses the template defence and just adds what they know about the car park and issue, to point #3.

Takes half a hour max.

Redx

You said you sent off the AOS on the 20th , inferring that it was posted , whereas it should have been done online

 Login to MCOL and check the claim history , to ensure the date that the AOS was entered was before the deadline set by KeithP in his replies , the 25th

You have confirmed that the SAR was done , so get on with the 2 paragraphs in the template defence and post them both below for critique by members