Urgent Assistance - CCC Defence deadline today!

BPJT

I'm so sorry for this extremely late request for assistance and totally understand I might not hear from anyone before I have to submit this anyway (even considered caving in too) but I have read Newbie thread and template Defence and wondered if someone might be able to comment on my amended first couple of paragraphs - too much detail? Should I keep or dump para 4? 

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is also admitted that the Defendant was the driver at the relevant time.

3.        The road leading into the retail park concerned is a busy ring-road, giving little opportunity to reduce speed on approach to a 90o left-hand turn into the entrance. On entering the retail park concerned, a road sign of 10 miles per hour is visible on a post which sits directly behind and slightly right of a tree. The sign is visible immediately only due to its low placement on the post. There are other signs which sit higher on the same post, with one being slightly turned to the left rather than sitting straight-on, as the other signs do. Due to the tree in front, these are not immediately visible on turning into the short road leading to the retail park. In a very short distance of a few metres, the other signs become visible, however, it is not possible from the driver’s view to read these due to the very short distance between straightening up after the turn and then driving beyond them. On parking the vehicle concerned, there were no signs immediately obvious from the driver’s point of view, and nor were any obvious on getting out of the vehicle.

4.         On the day in question the Defendant was meeting a relative at Costa during a very stressful time for him. He suffers with PTSD and a Major Depressive Disorder and was experiencing suicidal ideation. The Defendant stayed as a paying customer at Costa whilst talking through his circumstances, thoughts and emotions and until both felt the urgency of these thoughts had passed. The Defendant cannot be sure how long this stay was for.

5.          On inspection since the event, the signs in question are not large and are not able to be read or seen from all areas of the car park without walking up to them to read them. Additionally, the signage does not appear to contain all relevant information on which to form a contract.

6.         Despite a request for evidence of the signage at the date of the event, and evidence of the contract with the Landowner demonstrating the legal authority to issue and pursue such charges raised, these have not been forthcoming and the request has been rejected.

These were requested with a view to identifying any clauses whereby paying customers might request the Landowner cancel the charge raised, in addition to securing evidence of any contractual right to issue such charges and the terms on which these might be raised.  

Thank you in advance if anyone is able to offer any comment/feedback.

D_P_Dance

Have you complained to your MP?  

BPJT

@D_P_Dance No yet but I have several issues I intend to bring to his attention and this is definitely one of them. 

Coupon-mad

Defence looks OK although you should just put 'keeper and driver' in point no.2 (no idea why people keep adding a pointless new sentence).

Which PPC?
Which legal firm?
What allegation - overstay of free time?

And you haven't told us the date of claim form, date you did the AOS online?

KeithP

Coupon-mad said:

And you haven't told us the date of claim form, date you did the AOS online?

Answer these questions. You may have more time than you think.

BPJT

Sorry all, answers:

Which PPC? Britannia Parking Group
Which legal firm? BW Legal
What allegation - overstay of free time? Overstay-3hrs free, was there for 4, I know, but I actually did not even see the signs-to be fair wasn't looking either 

And you haven't told us the date of claim form, issued 07/10/21 date you did the AOS online? completed 26/10/21. Got defence in by 3.45pm today-really hope I calculated right? 

I did do the initial appeal-rejected, and made a SAR - got very little info requested, no signage, no contract details etc. Was then diagnosed with ovarian cancer in March and everything just went to pot from there (doing ok-ish now). Came close to just paying up but Britannia Parking were vile on phone so told them and BW legal to stick it. Now they claiming:

£100 (stated on signage if not paid in 14 days), £60 recovery costs, £11.44 interest, Court fee £35.00 and Rep costs £50 so total amount stated £256.44. 

No idea who landowner is so can't complain to them.

KeithP

BPJT said:

And you haven't told us the date of claim form, issued 07/10/21 date you did the AOS online? completed 26/10/21. Got defence in by 3.45pm today-really hope I calculated right? 

Yes, you calculated right.
Defence filed with fifteen minutes to spare.

Did you receive an automatic email receipt when filing your Defence? If not, you would be wise to confirm with the CCBC that they have filed your Defence. That confirmation should show on your MCOL Claim History in a couple of days, but the CCBC have been seen recently to miss that and allow a Default Judgment despite a Defence being filed.

BPJT

@KeithP Yes, it was marked: CCBC AQ Acknowledgment and then gave some bumph about Covid etc, thank god I made it! Thanks to both you and @Coupon-mad for replying. I'll check the MCOL in few days too just to be sure. 

BPJT

Quick update - I have received notice that my intention to defend the claim has been received and will be copied to the claimant. I have also now received a letter from BW Legal stating they intend to proceed for the full amount claimed and also threatening that further costs may be sought. They offer the option of paying in full now or arranging a payment plan for the full amount! 

I don't intend to pay everything they have stated as claimed but do you think I should make some form of offer? I'm just concerned that our local court does not seem to be taking the same view of private parking charges as others and seem to take a dim view if you've not tried to reach agreement? I also now have photos from google street view from Oct 2020 that shows how much of the sign on entry was obscured and I recently went back through as a passenger and recorded it from the driver's view. Not sure how helpful that is?

Redx

No , no offer

Read the 12 numbered steps again from the defence template post by coupon mad , where you are warned about this

The Bargepole guide also warns you about this too , so more reading required by you

Poor signage is crucial , signage forms the contract

Check the company name on the PCN too , is it the exact same name and number on the signs ? Often it isn't ( ignore the word Britannia )

Check your MCOL claim history , have the CCBC posted an N180 DQ yet ? If not wait for it , keep checking

BPJT

@Redx thank you, I'd go re-read, brain like a sieve at minute, thanks!