Need help checking my Defence for a County Court PCN

Montarivo

Last year I was issued a PCN from Premier Park Limited, however, I foolishly forgot to update my address with the DVLA after moving around this time, and so was not aware about this charge until I updated my address 6-7 months after the initial NTK was issued. Shortly after this, I received a claim form from the County Court, asking for the usual over-inflated sums.

I have read through the NEWBIES thread and believe it is too late to take the first actions of complaining and appealign to POPLA, as the county court claim has already been made. Obviously it is my fault that I missed the opportunity to appeal as I had not updated my DVLA address in time, however, I do not believe I am at fault or liable for the PCN for the reasons I will outline below. I have filed the acknowledgement of service and now have until the end of the week to submit my defence. I have uploaded the first 2 pages of my defence below, where Points 2 - 6 I have written myself, and the rest of the defence is taken from the NEWBIES thread (hence I haven't uploaded pages 3-5).

In addition, I wanted confirmation regarding from the NEWBIES thread instructions: should the defence only be emailed to CCBCAQ@Justice.gov.uk, or should the "Defence" section of the MCOL websitebe completed as well? I am worried that if I only email my defence and ignore the MCOL defence process, my defence might not be acknowledged within the timeframe.

I would really appreicate some feedback and advice on my defence from someone who has seen this process unfold before. Thank you.

Le_Kirk

In paragraph 3, did you mean "dull" lighting conditions?  If you didn't see any signs, how do you know they are small, have vague hidden terms etc?  You need to make it clear to the judge that, "upon receipt of the claim form, research was carried out on foot to discover that the signs.............."
Be careful with the other paragraphs as you are straying into witness statement mode whereby you tell the story of what happened on the day.  Keep the defence short and punchy.

KeithP

Montarivo said:

I received a claim form from the County Court...

I have filed the acknowledgement of service and now have until the end of the week to submit my defence.

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.

Montarivo said:

In addition, I wanted confirmation regarding from the NEWBIES thread instructions: should the defence only be emailed to CCBCAQ@Justice.gov.uk, or should the "Defence" section of the MCOL websitebe completed as well? I am worried that if I only email my defence and ignore the MCOL defence process, my defence might not be acknowledged within the timeframe.

The NEWBIES thread instructions are correct.

Having filed an Acknowledgment of Service, nothing more should be done via MCOL.
MCOL should be treated as 'read only'.

KeithP

Montarivo said:

KeithP said:

Montarivo said:

I received a claim form from the County Court...

I have filed the acknowledgement of service and now have until the end of the week to submit my defence.

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.

I submitted my Acknowledgement of Service via MCOL on 22/08/21.

The Issue Date on my County Claim Form is 04/08/21. If I'm not mistaken, this means the Day of Service is 09/08/21, the deadline to file Acknowledgement of Service is 23/08/21, and the subsequent deadline to file my Defence is 06/09/21. However, I am planning on filing this before 04/09/21 in case I have made mistakes with the dates.

You are absolutely right with your dates.

As you say, you have until 4pm on Monday 6th September to file your Defence and it is clear you already know exactly how to do that.

So refreshing to see.  

Montarivo

*Paragraphs 2-8

Coupon-mad

Looks fine!  

Also copy in the solicitor to the email you send to the CCBC, and make sure you get an acknowledgement email from the CCBC.

D_P_Dance

Have you complained to your MP?

Le_Kirk

Montarivo said:

Hello @Le_Kirk and @KeithP - I have revised the personalised paragraphs of my Defence (2 - 6) after taking onboard the helpful feedback you have given me. It now reads as follows:

3.       Upon entering and parking in the car park, the Defendant did not see any signs, thus was not aware of the contract into which they were supposedly entering.

Just one change, although I don't know why you have numbered every sentence rather than keep similar points in the same paragraph, for example those about signage could be in the same paragraph.  Check later in the standard defence because I am sure there is similar wording around "small, have vague/hidden terms, a mix of small font".  You could add your points about trees to that point to save repetition.

Montarivo

D_P_Dance said:

Have you complained to your MP?

No I haven't, but I will be sure to once this has been dealt with (I have a lot going on right now).

Montarivo

Le_Kirk said:

Montarivo said:

Hello @Le_Kirk and @KeithP - I have revised the personalised paragraphs of my Defence (2 - 6) after taking onboard the helpful feedback you have given me. It now reads as follows:

3.       Upon entering and parking in the car park, the Defendant did not see any signs, thus was not aware of the contract into which they were supposedly entering.

Just one change, although I don't know why you have numbered every sentence rather than keep similar points in the same paragraph, for example those about signage could be in the same paragraph.  Check later in the standard defence because I am sure there is similar wording around "small, have vague/hidden terms, a mix of small font".  You could add your points about trees to that point to save repetition.

You're right, it would be a lot better with similar points combined into a single paragraph. Also, I took the phrase "small, have vague/hidden terms, a mix of small font" from the template Defence.

Do you know how likely it is my case will go to a hearing? Based on cases you have known in the past, would you say it's likely it will be dismissed ebfore a hearing? I really hope so.

Le_Kirk

Montarivo said:

Le_Kirk said:

Montarivo said:

Hello @Le_Kirk and @KeithP - I have revised the personalised paragraphs of my Defence (2 - 6) after taking onboard the helpful feedback you have given me. It now reads as follows:

3.       Upon entering and parking in the car park, the Defendant did not see any signs, thus was not aware of the contract into which they were supposedly entering.

Just one change, although I don't know why you have numbered every sentence rather than keep similar points in the same paragraph, for example those about signage could be in the same paragraph.  Check later in the standard defence because I am sure there is similar wording around "small, have vague/hidden terms, a mix of small font".  You could add your points about trees to that point to save repetition.

You're right, it would be a lot better with similar points combined into a single paragraph. Also, I took the phrase "small, have vague/hidden terms, a mix of small font" from the template Defence.

Do you know how likely it is my case will go to a hearing? Based on cases you have known in the past, would you say it's likely it will be dismissed ebfore a hearing? I really hope so.

But since you will be submitting the whole of the template defence along with your two (or more) modified paragraphs, you do not need to include this again.
If a parking company has taken the trouble and paid the filing fee to instigate a claim against you, it would be foolish to presume they will then not continue to a hearing.  Some cases are discontinued when the claimant sees a well crafted defence and witness statement which might lead them to believe they would lose a hearing but safer to assume it will go all the way.