County Court Claim - Help with Defence

stix13

Hi all, I hope you can help.  I have four claims taking place against me. All NCP as the claimant and QDR the solicitors. They total £2000! 
One claim is for £914 going back to July 2016.  It was a blockbooking using Dash but it didn't go through properly.  Anyway this was dealt with by NCP customer service, I had to pay one PCN for £100 and they waived the rest. I had emails with the customer service representative. I used Coupon Mad's defence template and adapted 2 & 3 explaining this had been dealt with etc.
However, for the other Claims I don't know what to put in for my defence 2 & 3 and that is where I'm hoping someone can help.(I have looked around the forum for something similar but struggling. 
These are dated 4th Feb, I put my AOS in on 9th Feb. So I have to do this tomorrow.  The claim is for total £449!   According to the particulars of the claim these are partking charges of £100 each plus contractual charges of £164 incurred in the collection of the debt.
For both these tickets I received - my Dash payment ran out at 04.00 the day before. I drove into NCP Brentwood car park, parked in the late morning and ran for the train, I started my Dash payment on the train but got stupidly side tracked and didn't complete it till 18:00 ish on my dash payment. I have the dash payment text to confirm I paid but obviously I was ticketed before then.  There was lot of workman around and temp traffic lights in and out of the site.   Can anyone help with what I can base my defence on?  Signs not explaining clearing you only have a certain time to make payment? Works going that were distraction?  Or the signage not being clear in all areas of the car park?? I just don't know!! ANy help appreciated.

KeithP

stix13 said:

These are dated 4th Feb, I put my AOS in on 9th Feb. So I have to do this tomorrow.

 Luckily for you, you have slightly longer than you think.

With a Claim Issue Date of 4th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th March 2021 to file your Defence.

That's nearly a whole week 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.


Were you parked in Brentwood Railway Station Car Park?
If so, that is covered by railway bylaws, so unless they know the identity of the driver, the keeper will not be liable.

Search the forum for other brentwood station threads and you will find this one:
PCN @ Brentwood Station full payment made before noticing I had a ticket

Coupon-mad

What do you mean, you were ''ticketed by then''?  A windscreen PCN on both occasions when you paid late? 

However, for the other Claims I don't know what to put in for my defence 2 & 3 and that is where I'm hoping someone can help.(I have looked around the forum for something similar but struggling. 

Cause of action estoppel Henderson defence (search the forum).

stix13

Thanks Keith - that is a bit of a life line! In that I can go to bed soon and tackle these tomorrow.    
Yes I do mean Brentwood Railway Station Car Park. The big one opposite the station. The particulars of the claim state I was the driver of the vehicle at the date and time of the contravention.  I have not acknowledged that I was though. So do you mean I state I was not the driver in my defence?  and because of railway bylaws, they can not win in court?  Do I write anything about the bylaws in my defence or simply that I was not the driver.  Does it matter that I paid for Dash payment later in the day though? I suppose I could have been a passenger and paid for those.   
I will have have a look at that thread also. 
I can not believe these claims are allowed - what a waste of time for a court.

stix13

and yep I have the defence template all ready to go from the second post in the newbies thread. Its just amazing help. 

stix13

Coupon-mad - I think I got a yellow ticket each time but I can't actually be sure.  PCNs numbers are referred to in the QDR letters I received before the CCBC claims came through. What I meant was that the contravention states I was parked without clearly displaying the required.  So they must have ticketed me before my dash payments were made.  

Coupon-mad

Not necessarily, NCP usually use ANPR and issue the PCN by post. 

You can tell in two seconds flat by looking at the NTKs you must have there (either from keeping them, or from your SAR).  You can see from the NTK if it says it followed a windscreen PCN issued to the driver, and you can tell by the dates.

Don't forget to search the forum for what I told you and I am not elaborating! It is for you to find from research, what I mean, and read & understand it.

nosferatu1001

Can you show us the confirmaiton email showing you only needed to pay £100 for the first? Want to make sure it says "in full and final" or similar.

stix13

Coupon mad - I sent a SAR into NCP a week ago, I haven't had anything back from them yet and I haven't got the NTK.  I have just gone on to NCP customer service chat to see if they can confirm anything but not suprisingly they can't. I have also emailed SAR again stating urgent. I will keep chasing it.  Right, I will research around NCP and how to defend a PCN but I guess I need this info first. 
and is it right that unless they know the identity of the driver, the keeper will not be liable due to the railway bylaws? 

nosferatu1001 - I had a couple of long conversations with the customer service rep and then I emailed her all the details she required, we spoke again and she told me to pay one of the tickets and she would waive the rest. I sent two follow up emails checking that we were all good now and I had nothing further to do.  But I did not get email confirmation back from her but I heard nothing more and believed it was sorted.  

nosferatu1001

So tell us preciusely what, in writing, you have in NCP, confirming they were cancelled. Because wiithout that, what evidence will you present to back up your version?

KeithP

stix13 said:

...and is it right that unless they know the identity of the driver, the keeper will not be liable due to the railway bylaws? 

Yes. Read again my post at 2 March at 11:32PM.