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

dvdccd

Coupon-mad said:

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.

Sorry I've just seen it I'm adapting it now

dvdccd

Redx said:

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

Apologies, I should have said I did it online, just adapting standard defence now

dvdccd

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is admitted that the Defendant was also the driver

3.      Upon entering the carpark there was no immediate visible signage and no legible signage from a parked position. I went to purchase a ticket and entered three-pound coins into the left-hand meter which should have covered me for a £2.80 four hour stay. There was no readout on the LCD display indicating the balance entered, it was raining heavily and the right-hand meter was in use, so I pressed the green button to issue the ticket and displayed it on my windscreen. Without giving it further thought. When I returned to my car at 14:24 I found a yellow sticker notice attached to my car. 

I decided to wait till I received a written notice to contest the ticket, however, the first communication I received regarding it was over a year later on 12/10/2020 from DCB Legal Ltd. My address has not changed during the past 5 years, so I can confirm the Notice to Keeper was not received. I believe this violates the IPC code of practice 3.1 section q Notice to keeper being served between day 29 and 57.

I had explained the particulars of the situation to DCB Legal but they stated that the notice to keeper had been issued and I had missed to opportunity to contest the ticket.

Redx

You keep using the word I , and My etc

The correct term is in paragraph 2 , the defendant , not I

You won't find any authorised defences on here saying I parked etc , it's the third party terminology only

dvdccd

Redx said:

You keep using the word I , and My etc

The correct term is in paragraph 2 , the defendant , not I

You won't find any authorised defences on here saying I parked etc , it's the third party terminology only

Thanks, I will correct that, is it ok apart from that?

Redx

dvdccd said:

Redx said:

You keep using the word I , and My etc

The correct term is in paragraph 2 , the defendant , not I

You won't find any authorised defences on here saying I parked etc , it's the third party terminology only

Thanks, I will correct that, is it ok apart from that?

I have no idea , I respond when I see obvious errors or if I have advice to give , this isn't a legal advice forum , it's a parking charge forum , your thread is about the legal process , my reply was about the legal process

You mentioned violation of the IPC CoP , surely it's a violation of POFA ?? But as an admitted driver you are not relying on POFA ?

dvdccd

Redx said:

dvdccd said:

Redx said:

You keep using the word I , and My etc

The correct term is in paragraph 2 , the defendant , not I

You won't find any authorised defences on here saying I parked etc , it's the third party terminology only

Thanks, I will correct that, is it ok apart from that?

I have no idea , I respond when I see obvious errors or if I have advice to give , this isn't a legal advice forum , it's a parking charge forum , your thread is about the legal process , my reply was about the legal process

You mentioned violation of the IPC CoP , surely it's a violation of POFA ?? But as an admitted driver you are not relying on POFA ?

Thanks, I appreciate the advice. No see, I cant use POFA I'll remove it

dvdccd

A revised version:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is admitted that the Defendant was also the driver

3.      Upon the Defendants entry to Jennens Road car park, there were no immediately visible signs and no legible signage from a parked position. At 13:47 the defendant purchased the parking ticket, entering  three pound coins into the left-hand parking meter, to cover a £2.80 four hour stay. The defendant observed There was no readout on the LCD display which would have presumably displayed the credit balance of the money entered. It was raining heavily during the purchase, the right hand meter was in use, and no coins had returned, so the Defendant proceeded to issue and display the ticket, without realising the balance had not reflected the money entered. At 14:24 the Defendant returned to their vehicle to find a yellow sticker notice attached to attached to the windshield. 

The defendant had planned to wait for written notice to contest the ticket, however the first communication received regarding the penalty was over a year later on the 12/10/2020 from DCB Legal Ltd. 

The Defendant explained the circumstances faulty meter to DCB Legal, however DCB Legal’s response was that the opportunity to appeal the ticket has passed and that there was no recourse but to pay £160 fine

Coupon-mad

Just a few pedantic points.  There's no such thing as a windshield in England, it's not America...!

It's also not a fine and this part isn't needed anyway:

The Defendant explained the circumstances faulty meter to DCB Legal, however DCB Legal’s response was that the opportunity to appeal the ticket has passed and that there was no recourse but to pay £160 fine

dvdccd

A revised version:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is admitted that the Defendant was also the driver

3.      Upon the Defendants entry to Jennens Road car park, there were no immediately visible signs and no legible signage from a parked position. At 13:47 the defendant purchased the parking ticket, entering three pound coins into the left-hand parking meter, to cover a £2.80 four hour stay. The defendant observed There was no readout on the LCD display which would have presumably displayed the credit balance of the money entered. It was raining heavily during the purchase, the right-hand meter was in use, and no coins had returned, so the Defendant proceeded to issue and display the ticket, without realizing the balance had not reflected the money entered. At 14:24 the Defendant returned to their vehicle to find a yellow sticker notice attached to the windscreen. 

The defendant had planned to wait for written notice to contest the ticket, however, the first communication received regarding the penalty was over a year later on 12/10/2020 from DCB Legal Ltd. 

The Defendant explained the circumstances faulty meter to DCB Legal, however, DCB Legal’s response was that the opportunity to appeal the ticket has passed.