Lancaster University parking tickets from First parking LLP - Please help!

anonaMouse2021

Redx said:

the defence should be concise as I replied earlier, I also said leave alll the jackanory story etc , plus exhibits as well, for the WS + Exhibits stage

no evidence is submitted with a defence !! so no point asking , save it for later, in several months time

So which points are you classing as story/exhibits that need removing and using in WS instead? Sorry I am so new to this

Redx

Jopson for a start

yes introduce it , briefly , as a defence point , changing 6.1 to 6

use all that backstory and transcript quote in 6.2 in your WS to back it up, with an exhibit if necessary at that time , removing it from your defence, leaving 6 as the open door for you

anonaMouse2021

Redx said:

Jopson for a start

yes introduce it , briefly , as a defence point , changing 6.1 to 6

use all that backstory and transcript quote in 6.2 in your WS to back it up, with an exhibit if necessary at that time , removing it from your defence, leaving 6 as the open door for you

Thankyou very much!

So far this is how the defence is looking:

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is also admitted that the Defendant was the driver of the vehicle and the Defendant had authority to be at the location, being a Lancaster University student at the time.

3. The vehicle was stopped temporarily, whilst the driver made multiple trips to physically transport heavy textbooks/parcels between the car and the clinical anatomy learning centre (CALC), the University library and also the learning zone. The car was not parked nor left unattended for a period of time; it was stopped for the purposes of unloading and this location was one of the closest places with allowed vehicular access and rights of way for students to access the CALC.

4. Lancaster University Car Parking Policy (2020/21) #21 states that “If unable to use one of the designated delivery / loading / drop-off bays, all vehicles that are delivering, loading or unloading must not cause any form of obstruction. Vehicles must not be left unattended for more than 10 minutes at a time. This includes moving students’ belongings in or out of campus accommodation.”

5. Lancaster University Car Parking Policy #21 therefore allows vehicles to be parked for loading/unloading, as long as they are not unattended for 10 minutes. The Defendant takes the point that, due to the unloading activity taking place, the vehicle was never unattended for more than ten minutes during this process and the Claimant is put to strict proof of their allegations.

6. In the case of Jopson v Homeguard [2016] B9GF0A9E, heard on Appeal in Oxford Court by Circuit Judge HHJ Charles Harris QC and therefore a persuasive finding as well as being on all fours with my case, it was held that: “it is possible to draw a real and sensible distinction between pausing for a few moments or minutes to enable passengers to alight or for awkward items to be unloaded, and parking in the sense of leaving a car for some significant duration of time”.

 

 

7.  The Particulars of Claim set out an incoherent statement of case and the quantum has been enhanced....





Any other suggestions for improvements? Many thanks for all the help, sorry if its feeling like spoonfeeding :')

Also, what is the email address needed to send it to? I cannot see it on the newbies thread

SayNoToPCN

It is absolutely on the newbies thread!
There is a complete guide to filing the defence, written by Bargepole

Redx

It's in the template defence thread that you have clearly seen because you are using it !!

That thread is linked in the newbies FAQ sticky thread

Fruitcake

Your defence looks okay to me. Make sure you keep a copy of the car parking policy safe for the exhibits/evidence stage. You could even add a line to say that a copy will be provided to the court at the Exhibits stage. Thinking about it, you could say "paragraph 21" as opposed to #21 in your paragraphs 4 and 5.

The scammers should be aware of this parking policy and should have adhered to it instead of issuing a scamvoice, so you could mention that as well.

Also make sure you renumber all you paragraphs.

anonaMouse2021

SayNoToPCN said:

It is absolutely on the newbies thread!
There is a complete guide to filing the defence, written by Bargepole

No, it just tells you to physically post it in that thread, I will be emailing it instead. The email address is in the template defence thread (as mentioned by Redx (thankyou)). 

Redx said:

It's in the template defence thread that you have clearly seen because you are using it !!

That thread is linked in the newbies FAQ sticky thread

Found it - many thanks

Fruitcake said:

Your defence looks okay to me. Make sure you keep a copy of the car parking policy safe for the exhibits/evidence stage. You could even add a line to say that a copy will be provided to the court at the Exhibits stage. Thinking about it, you could say "paragraph 21" as opposed to #21 in your paragraphs 4 and 5.

The scammers should be aware of this parking policy and should have adhered to it instead of issuing a scamvoice, so you could mention that as well.

Also make sure you renumber all you paragraphs.

Yes changed these bits on your advice. Thank you.



I'll be sending it in the next couple of days. I will update on this thread as the case continues!

Thankyou all!