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4 years later I get a County Court Claim, what a privilege!
Anyhow, I and several other residents got plastered with fines when they enforced their penalties without notification or adequate signage. Received a notice for £100, then bumped to £160 from "debt collectors" and countless threats over 4 years, then I received the CCC.
I've just submitted my AOS and written my defense following the guides/template as follows:
3. On a dark and raining evening at approximately midnight the defendant had parked directly across his house as he had done for the last 11 years. For this period there were no visible parking policies enforced. When the defendant parked he saw no visible signs or lighting to indicate otherwise. After the PCN was issued the defendant proceeded to find dull correx signs in small text hidden by some signage with no visible lighting. Please refer to fig 1.
Have I missed anything? Like others, feel a bit nervous because of the threatening nature but I intend stand up against their predatory behavior.
Many thanks for your wonderful contribution!
Comments
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Have I missed anything?Yep .... telling us which parking firm, which solicitors and the Date of Issue on the N1 claim form.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street4 -
No evidence is submitted with a defence ( no S in defence ) so mentioning fig 1 , change to will be submitted to the court before the hearing , or similar
It's not , across his house , its , in the usual parking space across from his house , or similar
Correx ??
2 should say keeper and driver , if defending as both
It's not a penalty or penalties , they are invoices , parking charge notices , or PCN,s , ( no private parking companies can issue penalties , it's contract law under civil laws , not penalties )
As above , parking company name , issue date and AOS date please from the MCOL claim history3 -
To answer you both:Redx said:No evidence is submitted with a defence ( no S in defence ) so mentioning fig 1 , change to will be submitted to the court before the hearing , or similar
It's not , across his house , its , in the usual parking space across from his house , or similar
Correx ??
2 should say keeper and driver , if defending as both
It's not a penalty or penalties , they are invoices , parking charge notices , or PCN,s , ( no private parking companies can issue penalties , it's contract law under civil laws , not penalties )
As above , parking company name , issue date and AOS date please from the MCOL claim history
It's VCS, issue date was 20th and I submitted the AOS today (24/01).
Okay thanks, will remove that. Is the evidence submitted along with the defense when emailing? Correx is a plastic board that is dull by nature unless there's strong lighting.0 -
No evidence is submitted until the Witness Statement Stage. Again, no S in defence - not unless they're suing in the US!
Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street4 -
I would not be putting in words most people have never heard of
Poor and inadequate signage , is sufficient , or similar , it's makeup or type is likely irrelevant to the case , a bad sign is a bad sign and it's dullness won't be a factor in a residential case where the signs are on show 24/7/365 and seen daily by residents
I already stated that no evidence is submitted with the defence ( no S ) , so no , not emailed either3 -
Corrected and removed refer to fig 1.Redx said:I would not be putting in words most people have never heard of
Poor and inadequate signage , is sufficient , or similar , it's makeup or type is likely irrelevant to the case , a bad sign is a bad sign
I already stated that no evidence is submitted with the defence ( no S ) , so no , not emailed either2. It is admitted that the Defendant was both the registered keeper and driver of the vehicle in question.
3. On a dark and raining evening at approximately midnight the Defendant had parked directly across his house as he had done for the last 11 years. For this period there were no visible parking policies enforced. When the defendant parked, he saw no visible signs or lighting to indicate otherwise. After the PCN was issued the Defendant proceeded to find dull signs in small text hidden by some signage with no visible lighting.
What happens now in the form of a timeline? Thanks all.0 -
Discussed in post 2 of the newbies FAQ sticky thread near the top of the forum , Bargepole posted the timeline years ago , do not submit the defence yet , hone it first
3 has not been corrected yet1 -
What does this mean?
Defendant had parked directly across his house
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Add 28 to the date of issue, and then 4 more. Done. You know it's going to be 6 months or more fir a hearing.2
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... issue date was 20th and I submitted the AOS today (24/01).
With a Claim Issue Date of 20th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 22nd 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 at the second post in the NEWBIES thread.Don't miss the deadline for filing a Defence.3
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