DCBLegal/Excel Parking - Hearing Date June 2023

WoodyTheCowboy

A quick sanity check if I may. Am I correct that I do not respond to this and await the claim? 

Umkomaas

Ignore it, just another try-on masquerading as an attempt to try to comply with  the PAP. 

WoodyTheCowboy

Claim form received. Issue date 14/09/2022. AoS completed today as per NEWBIE thread instructions. 

The date the defence needs to be submitted is noted. It is understood how and where to send this also.

To confirm, is this the latest template for defence? I believe it to be, but a confirmation is welcome.

https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-where-they-add-false-admin-costs-edited-march-2022/p1

KeithP

WoodyTheCowboy said:

To confirm, is this the latest template for defence? I believe it to be, but a confirmation is welcome.

https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-where-they-add-false-admin-costs-edited-march-2022/p1

Yes.

WoodyTheCowboy said:

Claim form received. Issue date 14/09/2022. AoS completed today as per NEWBIE thread instructions. 

The date the defence needs to be submitted is noted. It is understood how and where to send this also.

Just in case you have any doubts...

With a Claim Issue Date of 14th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 17th October 2022 to file your Defence.

That's nearly four weeks 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

WoodyTheCowboy

Any feedback on my draft defence would be greatly appreciated. 

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. The defendant was visiting the car park in question to attend the nearby gym. The car park is located on top of the building, accessed by a ramp that is covered by a roof until you reach the top. The car park was advertised as a pay and display car park. The defendant entered the car park but found that the pay and display machines were unserviceable and covered by plastic bags, alternative means to pay via a smartphone app also did not work as it stated the zone was currently closed. The defendant attended the car park during the hours of darkness. The first sign for the car park terms is seen under the roof, whilst turning a corner, and is unlit. The next sign is located on the actual car park level and is also unlit. Both signs are unable to be seen during darkness. The defendant deemed that the car park was no longer in use as a pay and display car park.

KeithP

WoodyTheCowboy said:

The defendant deemed that the car park was no longer in use as a pay and display car park.

Having arrived at that conclusion, how did the Defendant decide that parking was allowed at all and such parking would be without charge?

WoodyTheCowboy

KeithP said:

Having arrived at that conclusion, how did the Defendant decide that parking was allowed at all and such parking would be without charge?

A valid point. Doesn't read well for the defendant so best removed.

Coupon-mad

Can I ask why the driver decided to use an off-street car park at night?  I hope they won't make that mistake again after this, because they can avoid private parking firms completely.  We do!

Parking is always better on street, if you can.  Every city - including most Boroughs of London - allow various areas of free on-street parking after prescribed hours. Streets are also usually safer and better lit, as well as free.

When I visit towns/cities where streets are restricted in the daytime, I tend to look for single yellow lines if arriving after the restrictions end.  Perfect for town/city parking at night, and well lit. Works for me, anyway, and it avoids ANPR and PCNs so it's my advice to do that on future. It's what single yellows are for (and Sunday parking is free all day, usually).

Did the driver leave and park on street instead, when they realised the car park wasn't operating?  

WoodyTheCowboy

Coupon-mad said:

Can I ask why the driver decided to use an off-street car park at night?  I hope they won't make that mistake again after this, because they can avoid private parking firms completely.  We do!

As the car park was above the gym the driver was attending they found it to be the most convenient place to park, although convenience has come at a price. The driver now uses a council car park a bit further away and does indeed avoid any private parking firm areas. Lesson learned. 

Coupon-mad said:

Did the driver leave and park on street instead, when they realised the car park wasn't operating?  

Unfortunately, the driver did not leave and park on the street. As many other cars were parked in the car park they 'followed the herd' so to speak. 

Coupon-mad

Ok, fair enough that (after diligently trying to find a working payment method)  the driver reasonably considered that the pay&display element was being updated or was not yet operational given all machines were covered and it was impossible to pay by phone either.

Your defence should state that the alleged contract was void for impossibility.