Draft Defence CEL

Anonymouskeith

Could people please take a look & critique as necessary...

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

3.            When the Defendant used the parking facilities at The Whitworth Centre, Dale Road North on the date in question, he was under the impression that car parking at the site was free, as it had been until less than 12 months prior to the date in question; the Defendant did not see any signage at the time indicating the need to pay in order to use the parking facilities. After receiving communication from the Claimant, the Defendant revisited the site, where he noted whilst there was one single sign at the entrance to the car park alerting drivers of the need to pay for parking, due to the positioning & angle of the sign it was only visible to drivers turning left into the car park, not to drivers turning right (as the Defendant had on the day in question), for whom the sign was both hidden behind a much larger, unrelated sign and obscured by foliage; at no point when turning right into the car park would the sign appear in a drivers forward field of vision i.e. windscreen. In addition to this, the defendant also noted that whilst there was additional signage in the car park itself, this was focused entirely around the outer perimeter, it could not be reasonably expected that this signage would be properly visible to drivers parking in one of the many parking bays in the centre of the car park. The visibility of the signs around the perimeter of the car park is worsened still by both the colour scheme chosen by the Claimant (white text on a purple background) and the fact that the signs are not lit – especially on a particularly gloomy winters day, as the day in question was. Finally, the Defendant also noted on revisiting the car park in question that the ‘pay & display’ ticket machine was not actually inside the car park, but located on one of two footpaths out of the car park into the facility; both the machine & the sign above it faced away from car park, and the machine was totally obscured from view from within the majority of the car park by parked cars in the bays closest to the machine – there was no signage anywhere in the car park indicating the location of the ticket machine.

4.            After receiving continued intimidating communications from the Complainant & third party ‘debt collectors’ acting on the Claimant’s behalf, the Defendant contacted the land owner (The Whitworth Centre), where he spoke to Jason Hedley, an employee of the facility, who informed him that there had originally been much more prominent signage in place in the car park, however the planning department of the local council instructed that it should be removed/altered.

TIA

Redx

please use your previous but existing thread

https://forums.moneysavingexpert.com/discussion/6263750/court-defence#latest

and let this new one die

thank you

ps:- 3 is far too long , so paragraph it and renumber

KeithP

Is this now three threads we have about this one parking incident?

If so, please ask a board guide to merge your threads.

I did ask on one of your earlier threads for the Issue Date on your County Court Claim Form.
You are yet to respond.
I can also see on one of your threads that you have filed an Acknowledgment of Service. Upon what date did you do that?

Anonymouskeith

KeithP said:

Is this now three threads we have about this one parking incident?

If so, please ask a board guide to merge your threads.

I did ask on one of your earlier threads for the Issue Date on your County Court Claim Form.
You are yet to respond.
I can also see on one of your threads that you have filed an Acknowledgment of Service. Upon what date did you do that?

I’d rather not disclose that if it’s all the same, I have time left to submit my defence but not much, just want to get an idea of what people think first 

Anonymouskeith

Redx said:

please use your previous but existing thread

https://forums.moneysavingexpert.com/discussion/6263750/court-defence#latest

and let this new one die

thank you

ps:- 3 is far too long , so paragraph it and renumber

Is it okay other than that? Anything you would add/remove?

Anonymouskeith

Redx said:

please use your previous but existing thread

https://forums.moneysavingexpert.com/discussion/6263750/court-defence#latest

and let this new one die

thank you

ps:- 3 is far too long , so paragraph it and renumber

My last thread was unfortunately hijacked by somebody posting misinformation and it was muddying the waters so I think it’s better to start again as new to avoid confusion for future viewers 

Redx

Anonymouskeith said:

Redx said:

please use your previous but existing thread

https://forums.moneysavingexpert.com/discussion/6263750/court-defence#latest

and let this new one die

thank you

ps:- 3 is far too long , so paragraph it and renumber

Is it okay other than that? Anything you would add/remove?

you will get comments when you post in your previous thread and answer KeithP,s questions

ie:- dont ask questions until you do as we ask and also answer some yourself, its not one way traffic

thank you

Umkomaas

No context, no prior detail, no recollection (hundreds of posts each day to assimilate), no chance of any reliable critique. 

Anonymouskeith

Redx said:

Anonymouskeith said:

Redx said:

please use your previous but existing thread

https://forums.moneysavingexpert.com/discussion/6263750/court-defence#latest

and let this new one die

thank you

ps:- 3 is far too long , so paragraph it and renumber

Is it okay other than that? Anything you would add/remove?

you will get comments when you post in your previous thread and answer KeithP,s questions

ie:- dont ask questions until you do as we ask and also answer some yourself, its not one way traffic

thank you

It’s not about one way traffic - the dates as far as I’m concerned are potentially sensitive private information and of no relevance to anybody. I have time left and that’s that as far as I am concerned. I mean that in the politest way. I will of course post in the other thread if you prefer, but I just think it’s better to start again due to the significant tangent it took in my absence from posting. 

Redx

Anonymouskeith said:

Redx said:

Anonymouskeith said:

Redx said:

please use your previous but existing thread

https://forums.moneysavingexpert.com/discussion/6263750/court-defence#latest

and let this new one die

thank you

ps:- 3 is far too long , so paragraph it and renumber

Is it okay other than that? Anything you would add/remove?

you will get comments when you post in your previous thread and answer KeithP,s questions

ie:- dont ask questions until you do as we ask and also answer some yourself, its not one way traffic

thank you

It’s not about one way traffic - the dates as far as I’m concerned are potentially sensitive private information and of no relevance to anybody. I have time left and that’s that as far as I am concerned. I mean that in the politest way. I will of course post in the other thread if you prefer, but I just think it’s better to start again due to the significant tangent it took in my absence from posting. 

your choice, but dont expect advice if you wont answer questions from volunteers who take the time out to try and assist you , I see nothing untoward in the replies above and some very good observations too

the unwritten rule here is , one topic , one thread , so you are not making any friends here by being obstinate ( in the politest way of course ) 

Anonymouskeith

Redx said:

Anonymouskeith said:

Redx said:

Anonymouskeith said:

Redx said:

please use your previous but existing thread

https://forums.moneysavingexpert.com/discussion/6263750/court-defence#latest

and let this new one die

thank you

ps:- 3 is far too long , so paragraph it and renumber

Is it okay other than that? Anything you would add/remove?

you will get comments when you post in your previous thread and answer KeithP,s questions

ie:- dont ask questions until you do as we ask and also answer some yourself, its not one way traffic

thank you

It’s not about one way traffic - the dates as far as I’m concerned are potentially sensitive private information and of no relevance to anybody. I have time left and that’s that as far as I am concerned. I mean that in the politest way. I will of course post in the other thread if you prefer, but I just think it’s better to start again due to the significant tangent it took in my absence from posting. 

your choice, but dont expect advice if you wont answer questions from volunteers who take the time out to try and assist you

the unwritten rule here is , one topic , one thread , so you are not making any friends here by being obstinate ( in the politest way of course ) 

Yeah sure that’s fine I respect that; I assumed & assumed wrong no problem there I’ve now posted in the original thread. You might want to make it a written rule, then people might take note . 

sorry not being a !!!!!!, I just couldn’t help myself haha. If you would be so kind as to take a look I would really appreciate it.