Napier parking claim form received

conrod98

But the problem is i don't have evidence if it was working or not, it's been so long, it's hard to remember.
If they're not giving my PDT records that must show it isn't working right

Redx

That is for them to prove in court , so not your problem

Do your job , not theirs , you are saying that you told them it was faulty 3 years ago , so as that is already on file , add it to p3 as faulty machine so is frustration of contract , and elaborate in your witness statement to the same issues

Redx

Earlier you stated that you could not find a similar situation , but one with a faulty machine and frustration of contract is already in progress here

https://forums.moneysavingexpert.com/discussion/6228172/parking-fine/p5

Not the same parking company , but seems to be similar issues

conrod98

Is this ok to add

The defendant tried paying for the parking , due to the ticket machine having a fault the defendant could not make the payment, the Defendant emailed the Claimant and offered to pay the ticket for the time spent at the car park which the Claimant refused and continuously kept sending harassing letters to pay the FCN.

Redx

conrod98 said:

Is this ok to add

The defendant tried paying for the parking , due to the ticket machine having a fault the defendant could not make the payment, which is frustration of contract , so the Defendant emailed the Claimant and offered to pay the ticket for the time spent at the car park which the Claimant refused and continuously kept sending harassing letters to pay the FCN.

yes, seems ok to add it IMHO , adding the bits I added in bold

now post your current version of paragraphs 2 & 3 below, for more critique

Umkomaas

While you're here, I just wonder whether you wouldn't mind having a read about the disturbing case of an elderly lady, emotionally battered, bruised and shaken at the hands of a PPC in the small claims court. 
(Removed by Forum Team)

conrod98

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question. The Defendant denies liability of this highly inflated invoice.
 
3. The Defendant was issued with a Claim Form by BW Legal acting on behalf of the Claimant Napier Parking Limited for a Total amount of £256.84. Through research the Defendant has come to understand that this relates to a £100 FCN that was issued against the Defendant’s vehicle ******* nearly 3 years ago on 16/05/2018 at Willen lake north carpark in Milton Keynes.


4. The Claimant has added a recovery cost of £60 to the invoice, the defendant believes this added charge is double recovery and a possible abuse of process.


5. The defendant tried paying for the parking , due to the ticket machine having a fault the defendant could not make the payment, which is frustration of contract , so the Defendant emailed the Claimant and offered to pay the ticket for the time spent at the car park which the Claimant refused and continuously kept sending harassing letters to pay the FCN.

Redx

ok , edit the above adding paragraph numbers 4 and 5 and wait for feedback critique

conrod98

Redx said:

ok , edit the above adding paragraph numbers 4 and 5 and wait for feedback critique

Done thanks 

Le_Kirk

You don't need #4 as it is included in the standard defence template.