3 year old PCN from dark industrial carpark - BW Legal / CPMS Claim

4am_uel

1505grandad said:

Also para 2  -  add "and driver" after registered keeper as you also deny liability as driver. Delete the second sentence of para 2.

Thanks i've made that amendment!

4am_uel

Coupon-mad said:

Read at least ten others to see how they put their point #3.  Claim threads are all over the forum.

Here is my updated draft, it feels more factual that my first attempt and I've changed the tense into 3rd person. Feedback would be much appreciated! 

3. On the 1st September 2021 the defendant became a resident of Sweden and has since emigrated from the UK

On the November evening in question the defendant drove to Manchester Academy of Gymnastics (MAG) for training and parked there for 2 hours between 7:00-7:30. The gym is located in an enclosed industrial warehouse area with multiple parking areas between the gym and other warehouses. It was known to the defendant that parking was available for MAG members within the enclosed area, but not that there was a difference between the different areas. The car park in question was to the left of the gym, dark and poorly lit with no overhead street lamps on the car park. The nearest light came from the buildings on the periphery of the car park. The defendant parked in the middle of the car park to the left of the gym and due to the dark conditions and poor signage visibility was unaware they had entered a parking contract.

I was also debating adding "upon learning from other MAG members about parking rules I began parking to the right of the gym" but I don't know if this is relevant?

Coupon-mad

No need to add that.  Looks fine except I would add the year of the event, here:

On the November evening in question 

4am_uel

Perfect I’ll add the year then send off the defence! Thanks for the help

4am_uel

Coupon-mad 

I've made the changes and am about to sign and send to the email before my 28th Dec deadline. Before I do I just want to check that all I have to change in my case is paragraph 2 and 3? And that the rest of the paragraphs can be included for every case, unchanged from the second post in the template defense thread?

I am not dealing with ParkingEye and I am not a company so assume I can, but there are points like this below where I'm not sure if I have evidence to back this up or if it is true. It would be good to know if I can keep these points in regardless or if I need to choose which points to keep in. Thanks for your help!

13.       The Claimant’s signs have vague/hidden terms and a mix of small font, such that they would be considered incapable of binding any person reading them under common contract law, and would also be considered void pursuant to Sch2 of the CRA.  Consequently, it is the Defendant’s position that no contract to pay an onerous penalty was seen, known or agreed.

Coupon-mad

Yes keep that in.  Always true!

Le_Kirk

Yes, just change paragraphs 2 & 3, add in the rest of the paragraphs from the template and include all other paragraphs.  Evidence can come later at witness statement stage when you will have had a chance to go and photograph the pathetic signs!

4am_uel

The defence has been submitted to CCBCAQ@Justice.gov.uk thanks for the help so far! Am I correct in thinking this is the only thing to do for the Dec 28th deadline? I tried looking for a deadline for the DQ form but I assume this takes some time to come so doesn't have to be done within this first time frame?

4am_uel

I started filling in the DQ online with guidance from this post, but im unsure what goes in the "in the" box, any guidance?

Redx

4am_uel said:

The defence has been submitted to CCBCAQ@Justice.gov.uk thanks for the help so far! Am I correct in thinking this is the only thing to do for the Dec 28th deadline? I tried looking for a deadline for the DQ form but I assume this takes some time to come so doesn't have to be done within this first time frame?

Correct , your N180 DQ posted out by the CCBC ( not the claimant ) will contain it's own deadline date on the letter , this could be in several weeks time , so no deadline for it , yet. So keep an eye on MCOL on your claim history every week in the new year