UKPC Parking fine now resulting in letter from the County Court Business Centre

95Rollers

That statement was very sad to read and I genuinely felt for the defendant as I would not wish what he went through to anyone, but most scumbag PPCs and their parasitic solicitors/ debt chasers (DCBL etc) don't care or have a signle ounce of compassion.  Like CM said use the template. You can add some of thr above, but keep it more focused on aspects such as:

* Lack of/ poor signage - you didn't see it or it wasn't prominently displayed on the entry. 
* Frustration of contract  

You can draw references to some of the unfortunate tragedies you have gone through, but better to focus on thr mechanics of parking. I hope things get better for you. 

Redx

Use the template defence by coupon mad , alter only paragraphs 2 and 3 and post only those few paragraphs below , not the whole thing

Greenballs

Thank you for your reply Coupon-mad and 95Rollers, 

Guys im sorry but I cant do this, Ill try giving it 1 more go and if its still wrong then I think im going to give in and wait for what ever happens next, I feel like im cracking up, like its really stressing me out.
I wish I was more intellectual regarding all this, but an F in English and maths is starting to show and I have no idea what im doing! 

Thanks again for all those who took the time to reply!

Redx

Greenballs said:

Thank you for your reply Coupon-mad and 95Rollers, 

Guys im sorry but I cant do this, Ill try giving it 1 more go and if its still wrong then I think im going to give in and wait for what ever happens next, I feel like im cracking up, like its really stressing me out.
I wish I was more intellectual regarding all this, but an F in English and maths is starting to show and I have no idea what im doing! 

Thanks again for all those who took the time to reply!

Just post your proposed paragraphs 2 and 3 , not everything else , then we can assist you

2 should take you 5 minutes

3 should take you half an hour at most

Coupon-mad

You can do this.

Get the template defence.  Add one paragraph to it about the car park or whatever you know (or don’t know).

Why don’t you just read other defence threads for inspiration to see how others are writing their paragraph 3?  It would take half an hour, max, to read maybe 10 threads right now that have the word ‘defence’ or ‘claim’ in the title and you’d know what people usually put.

Easy as pie.  I’ve written the defence for you and this is one ‘exam’ you are allowed to copy.

Greenballs

OK.... here it is! a very shortened version, less talk of the illness, more of an example of how the offence took place, I can think of anything else I can say..

The defendant is the registered keeper of the vehicle but at the time of the offence is unsure if he was the driver with his wife at the time also using the vehicle and both used to frequently visit the Super Bowl in Macclesfield at separate times taking there 2 young children. The defendant had been going to the Super Bowl for many years and it had always been free parking, there had been no mention it had been taken over by UKPC, NO staff at the time ever mentioned the change over either. And apart from the sign outside which regulars of the venue would never think to look for, there was only 1 A4 sheet of paper at the time that the defendant could see to notify of the change after going back to appeal the offence. The defendant wasn't the only person to come unstuck by this change over, it even reached the local paper with 100's of complaints from other customers at the time also being caught out, there was uproar!

The defendant has major mental health issues, this resulted in a impending divorce and also loosing a 17yr career at the EXACT time of the offence, he informs that his now ex wife could have committed the offence just to cause the upset knowing his state of mind at the time. To make matters worse the defendant temporarily forgot to change over his driving license when both he and his wife parted thus resulting in him knowing nothing about the fine till he finally got permanent residence, at this time it was to late to appeal and it had now been passed over to the bailiffs. The consent barrage and threatening letters has had a major impact on his already unstable mental wellbeing, this type of harassment needs to stop, he has zero savings and already struggles money wise to bring up his two daughters during this terrible pandemic time.

PLEASE PLEASE be nearer to what you guys are asking for, what should have taken 30 minutes has taken near on 3 hours.

Again, thank you for all your help everyone

Greenballs

I hate to ask but if this is still wrong could someone please take snippets of my wrong reply and send me what I need... PLEASE PLEASE!

Coupon-mad

BETTER! 

Here is how it should look as point #2 onwards of the template (which will need paragraph renumbering lower down the template).   

Number one is as per the template:

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.

3.     The Defendant can neither confirm nor deny with certainty who was driving that day because his then wife also used the vehicle.  Both used the car to visit the Super Bowl in Macclesfield frequently over the course of several years, taking their children.  The site always offered free parking.  No signage was seen to communicate any change in restrictions at any point.

4.    The Defendant has major mental health issues, dealing with a divorce and also losing a 17yr career at the time of the parking event, and was estranged from the family home, so it is the Defendant’s position that it is likely that he was not the driver.

5.    The Claimant is put to strict proof of their full compliance with Schedule 4 of the Protection of Freedoms Act 2012.  The Defendant avers that there can be no keeper liability where there is an absence of ‘adequate notice’ of the parking charge and/or any ‘relevant contract or ‘relevant obligation’.

6.  The parking charge notice (‘PCN’) was not received, due to the Defendant being away from the family home.  Nothing was known about this purported charge and the Defendant was denied any appeal, despite trying when a debt demand later arrived as the first notice of the PCN.

7.   The Defendant visited the location and discovered a single A4 sheet of paper had been put up to notify of the change but this was months later.  It is not known if that was there on the date of the parking event.  Nothing was prominent, nothing was seen and no contract can be deemed agreed.  The Claimant is put to strict proof of adequate (‘red hand rule’ clear) notice of the onerous new terms.

8.   The Particulars of Claim set out an incoherent statement of case and the quantum has been enhanced...etc etc as per template...renumber the paragraphs.

ignavia

Once you've added & renumbered the rest of the template (don't forget the bit at the top "IN THE COUNTY COURT.." etc), and added your signature and date to the "Statement of Truth" at the end...

1. save it as a pdf.
   
2. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk 
3. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached.
4. After filing your Defence, there is more to do.

(Instructions from the "Suggested template..." thread).

Greenballs

HALLELUJAH.... IVE DONE IT! It's finally sent.

OMG, what a world of stress that was, no word of a lie, I got 30 minutes sleep last night, from 6.30am till 7am when my alarm went off (yes I am a bit of a worrier)...
To everyone who replied, thank you all for your patience, the outcome now is in the courts hands, a great sense of relief at this end though. I guess now its just a case of waiting!

YOU ALL DO A GREAT JOB!

Thanks for everything.

P