National Parking Enforcement - County Court Claim

milo_2020

Hi all,
Some background on this is here:
https://forums.moneysavingexpert.com/discussion/6222025/parkingeye-letter-before-claim-bwlegal-letter-of-claim/p1
I was advised to make a new thread when the claim stage starts, not sure what other information is needed that isn't on the thread above or what needs clarifying.
In short this is for Non Patron, driver pulled car into a space and the passenger got out of the car went to queue at Co-Op but the queue was very long so went into local shop across the road, driver did not leave the car, engine remained on and total time was under 5 minutes. Disputed this charge, sent SAR and received back paperwork along with all images. Other people can be identified in the CCTV and registrations not blurred, someone mentioned this as a GDPR issue so thought it was worth highlighting again here.

Please let me know what other information you need clarifying and guidance about the next steps would be appreciated.
Thanks

Edit: Do we wait a couple days before following the AOS in the newbies thread or is it best to file that now? This is for my partner who is not good at handling these things, should I tick the 'Litigation Friend' rather than 'Defendant' in the AOS?

KeithP

What is the Issue Date on your County Court Claim Form?

Le_Kirk

milo_2020 said:

Edit: Do we wait a couple days before following the AOS in the newbies thread or is it best to file that now? This is for my partner who is not good at handling these things, should I tick the 'Litigation Friend' rather than 'Defendant' in the AOS?

If you give the issue date @KeithP will give you the exact dates and some useful info about compiling a defence.  In the meantime do not file the AoS until five days after date of issue.  The named person should submit the AoS in their name.  You can help but all done in the defendant's name.

milo_2020

Understood KirkKeithP said:

What is the Issue Date on your County Court Claim Form?

Issue Date: 25 March 2021

KeithP

milo_2020 said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

Issue Date: 25 March 2021

With a Claim Issue Date of 25th March, you have until Tuesday 13th April to file an Acknowledgment of Service. If possible, do not file an AoS before 30th March, but otherwise, 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 in a timely manner, you have until 4pm on Tuesday 27th April 2021 to file your Defence.

That's over four 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.

Everywhere I have written 'you' or 'your' I mean the named Defendant.
As @Le_Kirk says, everything must be done in the name of the named Defendant.

milo_2020

Great, thanks - I note it says not to post the defence on here for review, but for feedback yes, could you expand on this please? Can I post the facts here for feedback? Should the defendant's own words be in the same 'Defendant' style or can the writing style change to be 1st person?

Thank you for replying so swiftly.

Redx

Only post the adapted paragraphs 2 & 3 on here , not the rest of the template , it's your work being checked , not coupon mads work , the feedback and critique will follow so it will be improved over time

As the defendant , third person , not 1st person

milo_2020

Redx said:

Only post the adapted paragraphs 2 & 3 on here , not the rest of the template , it's your work being checked , not coupon mads work , the feedback and critique will follow so it will be improved over time

As the defendant , third person , not 1st person

Cool - as I thought for all counts, we have put some paragraphs together but will review and post back here over the weekend. Thank you.

milo_2020

Hi - I have had devastating news after devastating news, family deaths and now as of recent accidental injury with a pet who has just passed last night, have not been in a frame of mind to sort this but now this is adding to the wounds. Really shouldn't have left it this late but at this point if she looses she looses it will be nothing on the month we have had. I know you said don't leave until the last minute but neither one of us have been in any state of mind to focus on this, I really hope you can understand.

How much detail do we need to go into on the defence?

This is it as it stands:

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

 

3.        The defendant was the driver of the vehicle at the time. The defendant did not know that the passenger was going to use another store, additionally the defendant did not know that she was breaking said contract by this happening. The signage which was sparsely hung on the wall and was far too small to read being directly in front of it. The signage is every few spaces apart and not clearly put together.

The defendant did not see any clear signage stating that the parking spaces must only be used by people purchasing goods from co-op.

On returning to the premises the defendant notes that the signs are dirty, old, and not maintained. These signs do not stand out and are designed in a way that is to not get attention of drivers. It is a plain white sign with standard small black text.

There are multiple car parking spaces but the signage stating terms and conditions of the spaces are over multiple spots with small text to where the driver would be reading. It is not expected that everyone should be able to read the signage from all the parking spaces. To read this sign the driver would have needed to exit the vehicle to approach sign and then return to leave after not accepting, at this point the contract was broken as stated should you not use the store. 

Redx

In 2 put and driver after registered keeper , so 2 words

Remove that first sentence from 3

milo_2020

Redx said:

In 2 put and driver after registered keeper , so 2 words

Remove that first sentence from 3

How does the rest sound? Should I add more? I dont want to add so much it almost goes off topic or repeating etc?

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 did not know that the passenger was going to use another store, additionally the defendant did not know that she was breaking said contract by this happening. The signage which was sparsely hung on the wall and was far too small to read being directly in front of it. The signage is every few spaces apart and not clearly put together.

The defendant did not see any clear signage stating that the parking spaces must only be used by people purchasing goods from co-op.

On returning to the premises the defendant notes that the signs are dirty, old, and not maintained. These signs do not stand out and are designed in a way that is to not get attention of drivers. It is a plain white sign with standard small black text.

There are multiple car parking spaces but the signage stating terms and conditions of the spaces are over multiple spots with small text to where the driver would be reading. It is not expected that everyone should be able to read the signage from all the parking spaces. To read this sign the driver would have needed to exit the vehicle to approach sign and then return to leave after not accepting, at this point the contract was broken as stated should you not use the store.