Claim Form from DCBLegal.

Robbo25

Excellent, so all this info will be kept for the witness statement i take it. 
So paragraph 3 just sets the scene in the defense template, with the witness statement for my account of the alleged contravention. 

Fruitcake

Have you mentioned in your defence that you were given permission to park by the concierge? 

Your para 3 says you were delivering, the template defence already covers inadequate signage, your para 4 says loading/unloading is not parking.

Your WS and exhibits (evidence) will be in support of your defence, so it will expand on that with comments and images showing the lack of signage, lack of Ts and Cs prohibiting loading/unloading, and ideally a statement from the concierge which will in itself be a separate exhibit/WS included/referred to in your own WS, plus the relevant parts of the Jopson case (around paragraphs 19 and 20 I think).

Robbo25

Fruitcake said:

Have you mentioned in your defence that you were given permission to park by the concierge? 

Your para 3 says you were delivering, the template defence already covers inadequate signage, your para 4 says loading/unloading is not parking.

Your WS and exhibits (evidence) will be in support of your defence, so it will expand on that with comments and images showing the lack of signage, lack of Ts and Cs prohibiting loading/unloading, and ideally a statement from the concierge which will in itself be a separate exhibit/WS included/referred to in your own WS, plus the relevant parts of the Jopson case (around paragraphs 19 and 20 I think).

I will add to the defence template regarding permission to park/unload.
I attended the site yesterday and went in to the concierge office, 3 concierges were there, but none of them was the one in question on the day.
This was nearly a year and a half ago, i asked who the land owner is and 1 of them replied "St George" i said "no that's the name of the building" and he replied "that's who owns it" needless to say not much help so i took some photos of the site and left.
I'm very busy over the next few days so i will have my defence ready for Tuesday.

Robbo25

Hi all,
Just finalising defence, added so more information.

3   On the 05/09/2019 the driver was delivering a washing machine to a tenant of 
Then to his surprise the defendant later received a postal invoice/PCN (Parking Charge Notice) some weeks later from the claimant.

4   The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services [2016] B9GF0A9E case where the judge said stopping/delivering is not parking.

5   The defendant was authorised to unload there by the concierge, who as a rep of the building owner gave the defendant a licence to park in the location suggested. He had no need to enter a secondary contract to obtain a licence to park, and the first licence is superior in all ways to any contract offered by an unconnected 3rd party.

6   The defendant’s case could also be put in another way. The purported prohibition was upon “parking”, and 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 or heavy items to be unloaded, and parking in the sense of leaving a car for some significant duration of time. 

Coupon-mad

not to be confused with a (Penalty Charge Notice) issued by councils around the country.

No need for that phrase at all.  A Judge knows what a scam parking charge is.

Robbo25

Coupon-mad said:

not to be confused with a (Penalty Charge Notice) issued by councils around the country.

No need for that phrase at all.  A Judge knows what a scam parking charge is.

Thanks,
Edited.

Robbo25

Robbo25 said:

Coupon-mad said:

not to be confused with a (Penalty Charge Notice) issued by councils around the country.

No need for that phrase at all.  A Judge knows what a scam parking charge is.

Thanks,
Edited.

So I'd be safe to copy to my defence template now and follow the rest of the process.

nosferatu1001

Then to his surprise the defendant later received a postal invoice/PCN (Parking Charge Notice) some weeks later from the claimant.
Delete this, as it adds nothing
I would swap 4 and 5 around. Think about the order you read this in.

Robbo25

nosferatu1001 said:

Then to his surprise the defendant later received a postal invoice/PCN (Parking Charge Notice) some weeks later from the claimant.
Delete this, as it adds nothing
I would swap 4 and 5 around. Think about the order you read this in.

Yes, reads much better.
Anyone else have any input? i want to file my defence this evening.

3.    On the 05/09/2019 the driver was delivering a washing machine to a tenant of 

4.    The defendant was authorised to unload there by the concierge, who as a rep of the building owner gave the defendant a licence to park in the location suggested. He had no need to enter a secondary contract to obtain a licence to park, as the first licence is superior in all ways to any contract offered by an unconnected 3rd party.

5.   The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services [2016] B9GF0A9E case where the judge said stopping/delivering is not parking.

6.    The defendant’s case could also be put in another way. The purported prohibition was upon “parking”, and 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 or heavy items to be unloaded, and parking in the sense of leaving a car for some significant duration of time.

KeithP

You won't forget to complete para 3 before you file it, will you?  

Para 4 - change rep for representative.