Claim Form DCB / One parking

Testercle1

Hi,

I reviewed the Claim Form on the 16th May, read “newbies”. I have sent my AOS & just thinking about my defence. So while I didn’t know it was a pay and display & was attending an on-site private physio at Sussex County Cricket Ground, I had ignored the ticket & guess I don’t really have a defence & admitting in my defence surly will end up in a lose? I have printed out the defence  template. Sorry I suffer from dyslexia and I and having trouble understanding every thing. 

Any help would be really appreciated! 

 

KeithP

Hello and welcome.

You tell us you reviewed (received?) the Claim Form on the 16th May, but what is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Fruitcake

What was the issue date of the claim form?

Upon what date did you complete the AoS?

What happened when you complained to the landowner and/or gym/cricket club? It is never too late to get a landowner cancellation.

You only need to amend paragraphs 2 and 3 of the template, then post your amended paragraphs here for checking.

Inadequate signage is already covered in the template, but you should explain in your paragraph 3 what type of car park this was. For example, pay and display, permit only, customers of the site only etcetera. Explain the layout which will therefore explain why the driver did not see, or understand the signage.

Add another paragraph 4 where you should mention your dyslexia and that failing to make allowances for motorists who have such a condition is a breach of the Equality Act 2010. You will then need to renumber all the paragraphs that follow.


Get photos of the site and signage. Your evidence and exhibits will be submitted later in the claim process. No evidence is included in the defence. 

Coupon-mad

Sussex County Cricket Ground

The signs there are pretty bad, or were a few years ago when I helped a fellow Brighton fan win an appeal.  Some areas are pay and display and some are permit spaces.

Testercle1

KeithP said:

Hello and welcome.

You tell us you reviewed (received?) the Claim Form on the 16th May, but what is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Hi,

Thanks for your reply, so the claim form is dated 14th May & I filed my AOS on the 17th. 

Cheers 

Testercle1

Fruitcake said:

What was the issue date of the claim form?

Upon what date did you complete the AoS?

What happened when you complained to the landowner and/or gym/cricket club? It is never too late to get a landowner cancellation.

You only need to amend paragraphs 2 and 3 of the template, then post your amended paragraphs here for checking.

Inadequate signage is already covered in the template, but you should explain in your paragraph 3 what type of car park this was. For example, pay and display, permit only, customers of the site only etcetera. Explain the layout which will therefore explain why the driver did not see, or understand the signage.

Add another paragraph 4 where you should mention your dyslexia and that failing to make allowances for motorists who have such a condition is a breach of the Equality Act 2010. You will then need to renumber all the paragraphs that follow.


Get photos of the site and signage. Your evidence and exhibits will be submitted later in the claim process. No evidence is included in the defence. 

Thanks, sent AOS on the 17th.
i never complaint to land owner, as stupidly just ignored the ticket. I am going to the site tomorrow to take signage pics & thanks I will mention my dyslexia. 

Cheers

Testercle1

Coupon-mad said:

Sussex County Cricket Ground

The signs there are pretty bad, or were a few years ago when I helped a fellow Brighton fan win an appeal.  Some areas are pay and display and some are permit spaces.

Thanks! I am going to site tomorrow to take pics of signs & yes there are permit places from memory as flats on the site. Seagulls!! 

KeithP

Testercle1 said:

KeithP said:

Hello and welcome.

You tell us you reviewed (received?) the Claim Form on the 16th May, but what is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Hi,

Thanks for your reply, so the claim form is dated 14th May & I filed my AOS on the 17th. 

Cheers 

With a Claim Issue Date of 14th May, and having filed an Acknowledgment of Service on 17th May, you have until 4pm on Monday 14th June 2021 to file your Defence.

That's over a week 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.

Testercle1

KeithP said:

Testercle1 said:

KeithP said:

Hello and welcome.

You tell us you reviewed (received?) the Claim Form on the 16th May, but what is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Hi,

Thanks for your reply, so the claim form is dated 14th May & I filed my AOS on the 17th. 

Cheers 

With a Claim Issue Date of 14th May, and having filed an Acknowledgment of Service on 17th May, you have until 4pm on Monday 14th June 2021 to file your Defence.

That's over a week 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.

Thank You.

so o have just been to site and taken pics tbh there is a ticket machine very close to where I parked (I took pics), I just don’t see how I can write a justifiable defence. Do you know the worst case financially if I go to coast and lose, is it the fine on the claim ? 

Cheers 

D_P_Dance

just don’t see how I can write a justifiable defence. 

Think of it this way, is a "fine" of £100 justifiable for overstaying your time by  10 minutes because the check out person at Tesco had to change a till roll?  It it right that a PPC should take a legless war hero to court.  Is it right that Nora has to pay £3000 plus because a judge said something he should not gave.

If people do not fight these claims injustice  and greed will prevail.  

Testercle1

D_P_Dance said:

just don’t see how I can write a justifiable defence. 

Think of it this way, is a "fine" of £100 justifiable for overstaying your time by  10 minutes because the check out person at Tesco had to change a till roll?  It it right that a PPC should take a legless war hero to court.  Is it right that Nora has to pay £3000 plus because a judge said something he should not gave.

If people do not fight these claims injustice  and greed will prevail.  

D_P_Dance said:

just don’t see how I can write a justifiable defence. 

Think of it this way, is a "fine" of £100 justifiable for overstaying your time by  10 minutes because the check out person at Tesco had to change a till roll?  It it right that a PPC should take a legless war hero to court.  Is it right that Nora has to pay £3000 plus because a judge said something he should not gave.

If people do not fight these claims injustice  and greed will prevail.  

D_P_Dance said:

just don’t see how I can write a justifiable defence. 

Think of it this way, is a "fine" of £100 justifiable for overstaying your time by  10 minutes because the check out person at Tesco had to change a till roll?  It it right that a PPC should take a legless war hero to court.  Is it right that Nora has to pay £3000 plus because a judge said something he should not gave.

If people do not fight these claims injustice  and greed will prevail.  

Agreed. But I just do get what to say on my defence - I can’t see “the defended didn’t see the signs & ticket machine” cutting it. 
Or is he just a case of getting the fine reduced to just the ticket? Sorry  I know I’m missing something & being dumb