Defence Help

drivingmecrayzy

Thank you @Coupon-mad.

Can anyone provide clarification re point 1?

Would you say this is ready to be filed now?

Thank you

Le_Kirk

Paragraph 1 was written by @Coupon-mad and therefore, providing you have not changed it, is good to go.

drivingmecrayzy

Hi everyone thank you for your continued support. My defence needs to be submitted in the coming days and I wanted to make sure I do not need to add anything extra. I have taken a picture of the signage upon entry. I have already mentioned no indication of Pay & Display should I mention the amount of times it states a PCN? Or anything else? Also In my defence would it be worth adding that the car park uses ANPR technology and this contributed to the belief ot would be pay on exit?

Thank you

drivingmecrayzy

This is my most up to date version for reference 

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

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 for all the reasons stated below, including but not limited to the fact that the Defendant was not the driver at the time of the alleged incident. 

3. The car park is located on London Street, Southport adjacent to Southport train station. London Street is a main road in Southport town centre and the turn in to the car park is just after a major junction. Additionally the turn in to the car park takes two sharp ninety degree turns. Signage is not clear upon entry and it does not state “pay and display”. Additionally the payment machines are hidden from the perspective of the car park. They are housed in an enclosed structure which can only be seen when returning to the car park. The driver has informed the Defendant that on the day in question he saw the cameras in the car park and thought the car park was “pay on exit” due to the signage on entering the car park. Once he returned to the car park and saw the machines he inputted the car registration expecting an amount to be displayed to pay. This was not the case and instead when money was inserted a pay and display ticket was issued.  

Fruitcake

drivingmecrayzy said:

This is my most up to date version for reference 

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

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 for all the reasons stated below, including but not limited to the fact that the Defendant was not the driver at the time of the alleged incident. 

3. The car park is located on London Street, Southport adjacent to Southport train station. London Street is a main road in Southport town centre and the turn in to the car park is just after a major junction. Additionally the turn in to the car park takes two sharp ninety degree turns. Signage is not clear upon entry and it does not state “pay and display”. Additionally the payment machines are hidden from the perspective of the drivers entering the car park. They are housed in an enclosed structure which can only be seen when returning to the car park on foot from the station. The driver has informed the Defendant that on the day in question he saw the cameras in the car park and thought the car park was “pay on exit” due to the signage on entering the car park. Once he returned to the car park and saw the machines he inputted the car registration expecting an amount to be displayed to pay. This was not the case and instead when money was inserted a pay and display ticket was issued.  

A few suggested changes. Double check what I have put to ensure my assumptions are correct.

You could add that it is reasonable to believe this was a pay on exit car park as it would not be known beforehand how long a motorist would be staying due to possible train delays/disruptions. It would be impossible to anticipate such an event or estimate in advance how long a parking period would be needed.

Coupon-mad

You could add that it is reasonable to believe this was a pay on exit car park as it would not be known beforehand how long a motorist would be staying due to possible train delays/disruptions. It would be impossible to anticipate such an event or estimate in advance how long a parking period would be needed.

I agree, and I also noticed nothing on that sign that tells you when you must pay.  Not a word.

Usually when it's one where you pay on arrival, it warns you of that and maybe adds a terms that drivers must pay within 10 minutes.  There is nothing in that contract that says the driver has to pay within a certain time, therefore no such term was breached and the doctrine of contra proferentem applies, which is now encompassed within the Consumer Rights Act 2015.

drivingmecrayzy

Thank you so much for all of your help. I will make these changes and file on Monday.

drivingmecrayzy

Hi all I am currently completing the N180 questionnaire on behalf of my wife. I have a couple of questions:
1. As I was driving should I put 2 witnesses, my wife and myself so I can provide a statement?
2. The claimant is NCP being represented be BW Legal however where would I find the nominated address for service to send a copy to?

Thank you

Le_Kirk

The address for sending documents to the clamant is on the claim form.  The reason for asking about the number of witnesses is so they can allocate a room big enough if it is a F2F hearing.

drivingmecrayzy

Hi all I need to put together the witness statements ready for the hearing at the beginning of Sept. I am not sure where to start. Its my wies case and her name on the paperwork however I was driving and we didnt respond to the NTK (stupid now I know!!).
We stated there would be 2 witness statements as my wife cant argue what happened. How do we go about the witness statements as all the points I will be making of the signage being unclear and it being reasonable to presume it was a pay on exit car park will be covered by me so what will my wife need to say if anything? Also having looked at some examples on here we are well out of our depth putting this together. Is there a step by step guide anywhere? Or someone that could advise? Many thanks