Do I Have a Case to Defend?

Easye37

Hi,
Despite reading as much as possible on the Forum, I still wanted to post an overview of my case for some advice as to whether I can construct a defence or not. So please accept my apologies if I'm repeating other threads or posts.
I parked on a retail park back in March last year to have a meeting in Costa Coffee and then have some lunch in KFC not realising there was a one hour free time limit. It was the first time I had used the car park and was completely unaware of the time restriction. I genuinely never noticed the signs stating this on the day. I returned to the car park at a later date and see that the signs were present but could be missed if you wasn't looking properly. Not that it would help but I'm struggling to find proof of purchase in both Costa and KFC as I believe I paid cash. I then received a Parking Charge Notice from Civil Enforcement Ltd (BPA member) stating that I had been parked for 1 hour 39 mins which had been determined by cameras/ANPR. There was no photo evidence provided and I initially thought it was a scam until more letters arrived. I spoke to a couple of friends who unfortunately advised me wrongly to just ignore it. I've since found out that their advice is now out of date. As you can imagine I have now received various letters including one in accordance with 'PAP' asking for my response to owing the debt and my financial details etc. After burying me head in the sand, I'm now at the stage of a CCBC, Northampton Claim Form. The issue date was the 16th February 2021 and I submitted a 'A.O.S.' on the 24th it was received on the 25th. The total amount owed is now £270.40
Considering the situation and the circumstances is it worth me trying to put forward a defence? I've had a look at the template defence but I'm still unsure as to my position on this. Any advice would be very much appreciated.    

nosferatu1001

Of course it is
For a start that amount is ludicrous. 

KeithP

Easye37 said:

I'm now at the stage of a CCBC, Northampton Claim Form. The issue date was the 16th February 2021 and I submitted a 'A.O.S.' on the 24th it was received on the 25th.

With a Claim Issue Date of 16th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 22nd March 2021 to file your Defence.

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

Don't miss the deadline for filing a Defence.

Ralph-y

some reading for you

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Easye37

Ralph-y said:

some reading for you

direct link to court section in newbies thread

Thank you for the links Ralph. I’ve had a good read but I’m still unsure as to what to put in section #2 & #3. Any guidance would be appreciated.
Apologies I’m a Newbie and struggling to get my head round it all.
Also should I request a SAR at this stage?
Thanks in advance

Redx

Definitely email a SAR to the DPO at CEL asap , attaching a copy of the claim form as proof of I D under the GDPR law

90% of the defence is written for you

Only you can fill in paragraphs 2 and 3 , not us

Read other recent posts and see what they wrote , especially CEL Court claim threads

Easye37

Dear All,
After lots of reading and advice, I have just attempted to write my defence which I'll post below.
I would really be grateful if you could have a look over it and tell me what you think. Any advice would be very much appreciated.
   

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

3.      The Defendant attended a business meeting at Costa Coffee on the retail park in question, which was the first time that the defendant had visited this retail park. The Defendant made two purchases in Costa during the meeting of which are shown on the Defendant’s bank statements. The Defendant then went on to have lunch at Kentucky Fried Chicken on the same retail park but paid cash. It is alleged by the claimant that the defendant overstayed by 39 minutes. At no point did the Defendant see any signage stating that the retail park had a 60-minute time restriction to park and therefore was completely unaware of this. If the Defendant had prior knowledge of this restriction, alternative meeting arrangements would have been made. The Defendant returned to the retail park at a later date to check for signage. The signage present was minimal and approximately 2.7 metres/9ft from the ground, it was also faded due to weather conditions. It was also noted that the car park was less than 30% full at a similar time to the alleged offence. It is believed that this is due to the COVID 19 pandemic, which was also the case when the alleged breach of contract took place in March 2020. The defendant firmly believes that it is unreasonable to impose a 60-minute time restriction to patrons using the businesses on the retail park, in particular Costa Coffee which is a place where people meet.                   

Coupon-mad

 If the Defendant had been afforded a fair opportunity - from prominent notices, meeting the famous 'red hand rule' - to learn about prior knowledge of this restriction...

Le_Kirk

"Almost empty car park"; "60 minute time limit" won't cut it in a defence.  Signage is your best bet.  I would cut down that defence to limit it to the legal/technical points (signage) and save the rest for the witness statement.

KeithP

Easye37 said:

Dear All,
After lots of reading and advice, I have just attempted to write my defence...               

Since my last post three weeks have simply vanished.
Remember...

...you have until 4pm on Monday 22nd March 2021 to file your Defence.

Umkomaas

The defendant firmly believes that it is unreasonable to impose a 60-minute time restriction to patrons using the businesses on the retail park, in particular Costa Coffee which is a place where people meet.         

That's a rant, leave it out. Costa Coffee is a coffee shop where people go for a cup of coffee, it is not a business meeting venue .... unless they advertise it as such.  You're just leaving yourself wide open to a quicksilver lawyer counterattack!