PCN - BUT I paid at the machine! Full Reg No wasn't input - Machine at fault!

Le_Kirk

Is it the case then that paying some money into the PDT in order to purchase a ticket to park is "entering into a contract"?  The contract being to park your car in consideration of the fee paid but NOT to agree to pay a Parking Charge in the event that the PPC/claimant deem a contract or some rule is broken.  Does that paragraph need amending when the motorist has successfully purchased a ticket or deleting completely and only used when they haven't paid?  Of course, if they haven't paid it is bilking!  Confused .me!

Johnersh

Is it the case then that paying some money into the PDT in order to purchase a ticket to park is "entering into a contract"
Yes, because the PCN arises from a breach of contract and, at the point of entering into the contract you're not planning on doing that.

On the facts of the o/p case, there was clearly an intention to contract and (arguably) no or no material breach of the contract

Does that paragraph need amending when the motorist has successfully purchased a ticket or deleting completely and only used when they haven't paid? 
That depends on the case being advanced by the Defendant.  If the Defendant says there was no or inadequate signage then it's clearly possible to say you had no knowledge of or intention to form a contract. 

AnxiousM

Johnersh said:

Is it the case then that paying some money into the PDT in order to purchase a ticket to park is "entering into a contract"
Yes, because the PCN arises from a breach of contract and, at the point of entering into the contract you're not planning on doing that.

On the facts of the o/p case, there was clearly an intention to contract and (arguably) no or no material breach of the contract

Does that paragraph need amending when the motorist has successfully purchased a ticket or deleting completely and only used when they haven't paid? 
That depends on the case being advanced by the Defendant.  If the Defendant says there was no or inadequate signage then it's clearly possible to say you had no knowledge of or intention to form a contract. 

Thank you for all of this information. I am still confused though!  I need to send this off today, I would really appreciate any help available.  I did not notice any signage, but that doesn't mean it wasn't there, I had never come across any machine in a car park requesting the VRN to be input, I went in assuming that I just had to put coins into the machine and it would print a ticket, as most do, so it was a surprise and I got a bit flustered but I feel that the machine must be at fault as it gave me a ticket after entering just two digits! 

AnxiousM

Should I remove that paragraph completely?

Also, the rest of my defence, do you think it is worded ok, is there too much or too little information? I really want to get this right!  Thank you

AnxiousM

Also, is the rest of the template I have used from the newbie thread still relevant / up to date?

Not_A_Hope

If you don't get a prompt response to your question about removing or amending the paragraph I suggest you leave it in. I had a very similar case involving two digits of a VRN on a pay and display and used the template including this para.

If you didn't actually see any Terms and Conditions e.g. they were remote from the payment machine or not easily read and understood then it us true. You might add 'especially for a failure of the Claimants payment machine' after 'parking charge'. 

If if you have included all the paragraphs from the template defence you will be good to go. Don't forget you are emailing your defence not using MCOL

Le_Kirk

For now just use the template as it stands (just renumber after adding your additional paragraphs); the author @Coupon-mad has not said not to use it.  It might need some discussion later but it has been i use since early 2020.  Just number every paragraph of your defence and add the rest of the template as it stands.  As you don't have much time send it before 16.00.  If you had a bit of time, I would suggest rewriting your defence to make it short and punchy and just use the relevant points leaving the story for the witness statement.

AnxiousM

Thank you everyone, all of your help is very much appreciated.

AnxiousM

I have received a court date now for the end of June.  
I have received a letter today from BW legal offering a reduced payment of £100.
Is it too late to put through a counter claim? I have been advised I should do this, due to the stress and anxiety this has been causing over the last 3 years, and it is much worse now that this is now going to court.  Any advise on what to do next, any help or information would be much appreciated. 

Coupon-mad

It is too late to counter claim and you already know from the NEWBIES thread section headed 'KNOW WHAT HAPPENS WHEN' what you must now do prior to the hearing.  The court letter tells you your WS deadline.

Best example of the bundle is in the thread by @wobs2k