BW Legal County court claim

CaH27

To begin with, they were in UK format. The original PCN was in UK format. Once getting passed from debt collector to debt collector it has somehow switched to US format, which is stated on the N1 claim form. I remember the date well as it was my partners birthday haha.

Coupon-mad

Hmmm then the defence should include an extra paragraph stating that the Defendant denies that they used this site or that the car was there at all, on 2/12/xx which is a memorable date, being their partner’s birthday.  The Defendant was at home and so was the car.  The Claimant is put to strict proof.

Don’t speculate about US dates.

CaH27

So I should acknowledge they have made a mistake with the dates? Or, deny I was there 2nd December?

Otherwise, the judge would be confused in my first point, in which I stated it was a dark February evening.

Thanks for all your help.

Coupon-mad

Then change your defence around to make sense:  my point first, then ‘in the alternative’ you can say if the Claimant applies to formally amend their particulars to show a different date, then you are aware of an incident in pitch black conditions in February where no signs were lit, blah blah...

...unless you are past defence stage? I didn’t read back, rarely do.

CaH27

No, my defence is due before 4pm 20th September.

Great, I'll add that into my defence and repost.

CaH27

1. It is admitted that the defendant was the registered keeper and driver of the vehicle in question but liability is denied.

2.The defendant denies using this site on claimed date of 02/12/16. However, if the Claimant applies to formally amend their particulars to show a different date I am aware of an incident on 12/02/16, being my partners birthday.

3. On entering the car park the defendant noticed there was no signage visible from the drivers seat. When exiting the vehicle he noticed a sign in the distance mounted onto the public house where he was visiting a family member. It was, however difficult to read, as the sign was unlit on a dark February evening, but did notice in big lettering "customer parking only". This sign did not specify where you had to be a "customer" so the defendant believed it to be for the public house use as this was the property on which the sign was mounted.

4.The PCN stated the ticket was received for "parking without valid ticket/permit" but there was no option for the defendant to purchase a ticket.

2nd draft. Any feedback would be greatly appreciated.

Coupon-mad

This isn’t what solicitor posted @Johnersh advised, I think it was on another thread where the same issue has arisen.  Find his profile by clicking on his name link I just gave you and read his recent replies as he is saying don’t give them the option to amend.  Just defend the case on the dates provided, which is that your car wasn’t there (unless the dates embedded in the photo evidence are also US date format).

anyway read what he said!

Johnersh

Parking companies issue thousands of PCNs per day and their contracts (signs) often permit them to issue a PCN every 24hrs. 

Many posters on this forum end up responding to multiple PCNs or get approached several years later. For all the o/p knows there are more to come or any prior correspondence pertains to a different day and ticket.  The defendant  cannot speculate why and when they choose to issue claims and if it is an error, there was nothing to stop the claimant writing the month in full (they're normally well within the max character limits). 

It is my view (others are welcome) that particulars of claim are what the claim is about. It is not for a defendant to reinterpret or to infer what may have been meant - it is the claimants case. You can only respond to what they contend for. 

Coupon-mad

I agree with what you say, Johnersh.

CaH27

Therefore, should I go in with the defence of I was not parked there on 02/12/16?

Once I have gone in with that defence, could they amend their claim? And could I amend my defence if they do?

According to the Google images I have as evidence, they must of introduced the individual signs to each parking space, allocated to each shop in August. So could be trying their luck as they weren't there in February, but would of been in December.