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

KeithP

Alexirving said:

The date on the claim form is 09/02/21

With a Claim Issue Date of 10th February, you have until Monday 1st March to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 15th March 2021 to file your Defence.

That's over three 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Alexirving

Hi All,
I have filled my acknowledge of service and contacted my local MP

Here is the second crack and my defence, any comments welcome,

thanks Alex

1.         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.  Premiere Parking Solutions Ltd is pursuing a money claim for three parking charge notices all of which occurred over five years and nine months ago. The defendant would suggest this is an unreasonable length of time to wait before pursuing a money claim, The defendant also believes this is a tactic use as it is unlike the defendant would of kept any proof of parking for this length of time nor would be able to remember the exact sequence of events and any specifics that far in the past.

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

It is the defencdants 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, The defendant has contacted Ringo whom are kindly looking into the history of the payment but as their records only go back three years it is unlikely they will be able to find any details with regards to the defendants 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. The defendant has bank statement proving payments for a full days parking to PPS for thirteen of these days. The 15/01/2016 was a Friday, the defendant had booked this day off work so there was no requirement for parking and the 20/01/2016 the defendant had decided to park in a different car park, although more expensive was directly next to the construction site so more convenient, the defendant also has proof of this parking charge on a bank statement.

Le_Kirk

The defendant also believes this is a tactic use as it is unlike the defendant would of would have kept any proof of parking for this length of time nor would be able to remember the exact sequence of events and any specifics that far in the past.

Change as above.  The sentence does not make sense here, is there a word missing?  Also the "defence" reads more like a witness statement (WS).  Stick to the legal/technical arguments and save the "story" for later when you submit your WS.

D_P_Dance

 the exact sequence of events and any specifics 

Verbosity, what is wrong with "details"?

Alexirving

Thanks Le_Kirk,
I don’t understand what you mean by stick to the legal/technical arguments? Do i simple write that parking was paid for on the dates in question and leave the rest for the WS?

Thanks

Le_Kirk

Alexirving said:

Thanks Le_Kirk,
I don’t understand what you mean by stick to the legal/technical arguments? Do i simple write that parking was paid for on the dates in question and leave the rest for the WS?

Thanks

You set the scene for the judge; he/she has not seen the car park.  What type of car park, why you were authorised to be there, i.e. purchased ticket (either PDT or pay-by-phone) or had permit or other reason.  Why you refute the POC, for example if it states you did not display a ticket, explain that pay-by-phone does not issue tickets.  Keep it short and to the point; provided you open the door with your defence arguments you can back up, support and provide evidence in the WS.

Alexirving

Thanks Le_Kirk i understand ill have another go and post the results

Le_Kirk

Alexirving said:

Thanks Le_Kirk i understand ill have another go and post the results

Here is a link 26 February at 7:42PM to a defence written by @Johnersh (solicitor) which might give you some guidance about style and format; NOTE that I am not suggesting you use that defence as it doesn't match your case but read it and see how you might adapt your defence accordingly.

1505grandad

(Typo)  -  "3.  Premier(e) Parking Solutions Ltd

Coupon-mad

If this is about the same facts as the case that was already heard at Torquay court (with the only difference being the date of PCNs) then add a paragraph about 'cause of action estoppel' (Google it, basically they can't have two bites at the cherry and these facts have already been decided by a competent court to have no cause of action or liability against this Defendant).  They can't keep firing new claims at the same Defendant in a 'drip, drip' form of harassment, in the hope of a different outcome in front of a different Judge when the facts are the same as the already-heard case.

Also you should not have me, myself or I in a defence.  Put it all in the third person, same style as the template. 'The Defendant did this/that' not 'I'.