Defence against PPS (BW Legal) for 3 parking charges occurring over 5 years and three months ago!

Alexirving

Hello Everyone,
As you can see from the title i am being taken to court by PPS for three parking charges back in January  2016.
I have had a crack at my defence below and i would love some constructive criticism, please excuse my poor grammar, English never was my strong point!
Do we think this is enough info or am i missing something? I assume it to early for statute barred, isn’t this 6 years?
Thanks in advance Alex

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. 

3.  The claimant is pursuing a money claim for three parking charge notices all of which occurred over five years and nine months ago. I would suggest this is an unreasonable length of time to wait before pursuing a money claim, I also believe this is a tactic use as it is unlike I would of kept any proof of parking for this length of time nor would I be able to remember the exact sequence of events and an specifics that far back.

This is not the first time PPS have pursued a money claim and taken me to court, During the the later part of 2015 and the early part of 2016 I parked in the car park in question at least five days a week, as I was working on a construction project near by. For ease and to avoid carrying cash I paid for the parking using an app operated by a company call Ringo as this method of payment was excepted at the time to park in the car park controlled by PPS. On the 10/12/2015 I was served a parking charge notice in error as I had paid for the parking through the Ringo app, I contacted PPS to resolve the situation but I was told they had no record of the payment so I would have to pay the parking charge. Upon further investigation I was discovered that there had been a fault with the Ringo app and although I had paid for parking the number plate registered to the payment was different from my own. I contacted PPS to explain the error but it was still their opinion that it was my fault so the fine would have to be paid, I denied this again so we ending up in court to find a resolution. On the 23 April 2019 BW Legal (representing PPS) and I attended a hearing at Torquay County Court, upon hearing my defence the district judge dismissed PPS claim, in the judges opinion regardless of the number plate error I still paid to park a vehicle on that day at that time.

It is my opinion that the same errors have occurred with the parking app on the three occasions between 05/01/2016 and 21/01/2016 for which the claimant is pursuing these parking charges, I have contacted Ringo whom are kindly looking into it for me to but as their records only go back three years it is unlikely they will be able to find any details with regards to my park parking. During the period of when the alleged offences are supposed to of happened between the 05/01/2016 and the 21/01/2016 there were fifteen working days. I have bank statement proving payments for a full days parking to PPS for thirteen of these days. The 15/01/2016 was a Friday, I had booked this day off work so there was no requirement for parking and the 20/01/2016 I had decided to park in a different car park, although more expensive was directly next to the site so more convenient, I also have proof of this parking charge on a bank statement.

D_P_Dance

Have you complained to your MP?  

Umkomaas

There should be no 'I' in a Defence. Everything in the 3rd person, so instead of 'I' it's 'the Defendant'. 

PPS - you need to give the full legal name of the claimant on the very first mention in the Defence, with (PPS) in brackets immediately afterwards. Thereafter it is perfectly acceptable that PPS is used as an abbreviation.

Please confirm here the full name of the parking firm. 

Fruitcake

I hope you haven't used your real name as a username. If you have, then urgently contact a board guide using the Notification (envelope) icon near the top right of this page.

Board guides for this forum are savvy, soolin, and Crabman (case sensitive).

"would have" not "would of".

A defence is written in the third person, so "The defendant", not "I"

Quote your previous court case number between the defendant and PPS where the judge found in your favour. 

Send an SAR to PPS as per the NEWBIES to flush out the original PCNs. It should also flush out the original court claim in case you no longer have it or have the claim number.
Include proof of your identity with the SAR such as a copy of the V5C or two redacted utility bills/bank/card statements.

Redx

Save a lot of the info in 3 for your WS in several months time

The claimant has 6 years to issue a court claim , so no point moaning about it

3 should be written in the third party , the defendant , no My , Me Myself or I

3 should be concise , set the scene and include legal arguments

Alexirving

Thanks everyone comments below...
D_P_Dance :- No should I? 
Umkomaas :- Ill update all so i refer to myself in the third party thanks the company is Premier Parking Solutions Limited
Fruitcake :- Ive contact admin to change my username thanks. I have all the original paperwork from the first court case so i will input the reliant details in my defence and repost for review. What is a SAR?
Redx :- What is a WS? Are you saying i shouldn’t give to much away at this stage? What info should i be giving at this stage? Ive notice that when submitting defence online you only get 122 line which isn’t enough really?? I’m not sure what my legal arguments are? I will be using the template from the newbies thread which has the legal arguments within it already doesn’t it? How can i set the scene better?

Thanks again

D_P_Dance

Of course you should, everyone should

1505grandad

What is the issue date of the claim form?

Le_Kirk

Alexirving said:

Thanks everyone comments below...
D_P_Dance :- No should I? 
Umkomaas :- Ill update all so i refer to myself in the third party person thanks the company is Premier Parking Solutions Limited
Fruitcake :- Ive contact admin to change my username thanks. I have all the original paperwork from the first court case so i will input the reliant details in my defence and repost for review. What is a SAR?
Redx :- What is a WS? Are you saying i shouldn’t give to much away at this stage? What info should i be giving at this stage? Ive notice that when submitting defence online you only get 122 line which isn’t enough really?? I’m not sure what my legal arguments are? I will be using the template from the newbies thread which has the legal arguments within it already doesn’t it? How can i set the scene better?
Thanks again

These questions suggest that you have not read the NEWBIE sticky, where all questions like this are answered.  Note also the change above.

Umkomaas

Ive notice that when submitting defence online you only get 122 line which isn’t enough really?? 

Only if you use the MCOL website, which the NEWBIES FAQ sticky, second post, explicitly warns you not to do, but gives you the alternative, which not only provides you with as many lines as you like, it will not mess up your formatting!

Alexirving

Thanks again everyone the date on the claim form is 09/02/21 i will revise and repost