Please help... Draft Defence for PCN

pinky_and_the_brain

KeithP said:

With an Acknowledgment of Service filed on 10th February, I believe your Defence filing deadline to be 4pm on Wednesday 10th March.

Thanks for clarifying the date @KeithP , Maths has never been my strong point!
And thanks for the link, I'll work on it this week and make a note of the deadline on my calendar, so not to miss it, have a great day

fwesh

Hi Keith, I'm having a problem figuring out how to email in my defence - the second post in the NEWBIES thread says 
Send your defence to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads - 
- my question is do I just email this address and attach my pdf or do I log into MCOL?  thanks for your help.

fwesh

fwesh said:

Hi Keith, I'm having a problem figuring out how to email in my defence - the second post in the NEWBIES thread says 
Send your defence to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads - 
- my question is do I just email this address and attach my pdf or do I log into MCOL?  thanks for your help.

sorry to have tagged onto another thread, my research sent me here!

pinky_and_the_brain

I’ve edited my draft defence and took snippets from other similar threads on this forum as advised. I hope this is better. Please feel free to offer any suggestions which could be helpful, I'll be sending it Wednesday morning to meet the deadline, many thanks for your time

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle registration XXXX XXX in question, but liability is denied.

3.       This action relates to a Customer Only development known as Bounce Revolution car park situated on Siddals Road, Derby DE1 2PY. On the 16th January 2018 the Defendant entered the car park at the material times to attend a children’s birthday party at Bounce Revolution.

4.       The Defendant followed the Bounce Revolution Customer Car Parking sign that stated to turn right and the Defendant parked the vehicle correctly within a marked parking space within an unrestricted area and not causing any obstruction facing the Bounce Revolution building.

5.       Next to the Defendant’s vehicle was a free-standing A-Board stating, “Bounce Revolution Customer Parking Only, maximum 2 hour stay”.

6.       The Defendant did not require a valid permit/ticket to be displayed on the vehicle as they were a customer of Bounce Revolution.

7.         The Defendant entered the Bounce Revolution building and submitted the vehicle registration at reception.

8.       When the Defendant returned to the car a Parking Charge Notice was affixed to the windscreen of the vehicle.

9.       The Defendant then asked at reception for the parking charge notice to be revoked. 

10.        The location of the customer parking and pay and display parking appears to be misleading, whether deliberately or negligently, it is used for inherent entrapment by the dual PPC on the land. Given that it is divided between two companies, the first company being the Claimant Excel Parking Services Ltd (‘Excel') who patrol the pay and display car park at the rear and the left of the building and the other being Vehicle Control Services ('VCS') who patrol the Bounce Revolution customer parking area. There are no clear demarcations or warning signs between the areas, allowing the two companies to penalise honest motorists.

11.       It is denied that the Claimant's signage is adequate, there are no distinctive markings or any information where a reasonable person can distinguish any such difference between the available parking spaces which set out the terms and conditions in a sufficiently clear manner and would be capable of binding any person by reading them.

12.       There have been a number of cases on this land, including Vehicle Control Services Ltd v Heather Cooper [November 2018] which was dismissed by District Judge Davis.

13.       Bounce Revolution were the lawful occupiers of the customer car park at that time.

14.       Since the closure of Bounce Revolution in December 2018, the property has been redeveloped and reopened as Jumping Inflatable Fun in August 2019. The parking arrangements at this car park are now different and all areas are governed by a pay and display operation.

nosferatu1001

fwesh - you email it, of course. Just an email, with PDF attachment. 

OP -Why have you written war anbd peace here? Most is fodder for the Witness Statement. You are told to make your para 3 a brief background. 

pinky_and_the_brain

Thanks for the feedback @nosferatu1001 I thought I'd edited it enough as I based it on other examples I have read on here which contained up to 10 extra paras obviously I've not edited it enough, apologies... I guess was a little worried if I'd leave anything out, I'd later rely on in court as they say!

Le_Kirk

All you really need is the fact that it is a car park at XXXX, you were customer of one of the outlets (BOUNCE) serviced by the car park and as such you were de facto authorised to park there for two hours without payment.  There are parts in the standard defence template about signage but you could add to it to give a little more detail.  Save the story for the witness statement (WS) and evidence stage.  You only need enough in the defence so that you can back up and support your defence with your WS and introduce evidence at WS stage.

nosferatu1001

Did you see why they had that many?!
You are NOT RELAYING ALL FACTS on the day. 
This backgroundcan only be short., Given 11 is coveredi n the template, why are you repeatring it? You get that your amendment PLUS the rest are sent to the court, so DONT repeat arguments in para 3 if they are further down!

pinky_and_the_brain

@nosferatu1001 ah, right! Thanks for explaining, I get it now

pinky_and_the_brain

All you really need is the fact that it is a car park at XXXX, you were customer of one of the outlets (BOUNCE) serviced by the car park and as such you were de facto authorised to park there for two hours without payment. 

@Le_Kirk thanks for your input, it's very helpful and appreciated