Retail Car Park - Parking Charge Notice Defence Letter

Coupon-mad

Looks fine.

Domdom1989

Is fine enough? Is there anything you would add?

Thanks,

D

Domdom1989

Hi, 

I sent my defence off via email and have received a letter from HM Courts & Tribunal Service to say they've received my defence and have sent this on to the Claimant.

I have also received an email (18/01) from DCB Legal saying that their client will proceed based on my defence and that they have offered me to call them to settle the dispute.

The letter from HM Courts & Tribunal Service says if it cannot be resolved between myself and the claimant then the claimant will tell the court to proceed. 

I now need to do my Directions Questionnaire (I haven't yet been told to) but will get it done early on the advice of Bargpole.

Is there anything else I need to do at this point? 

Thanks,

D

Domdom1989

Please could I have some help and advice. 

I have submitted my defence and questionnaire, saying the I could not see the signs in the car park. 

The pictures taken of my car in both occasions show parking signs and pdt machines in the background. 

I am aware I can argue what these signs actually read and I can argue that they do not have any pdt log of my ticket, but is this a suitable argument to win the case in front of the judge? 

I have since seen a post from Bargepole that this is an irrelevant defence and will not win. 

I really am very worried that I have put together a bad defence now, even though the advice was it 'looked fine'. 

Thanks, 

D

Le_Kirk

It costs a fee (£275 I believe) to amend a defence.  Best thing you can do is to write a carefully crafted witness statement that makes your case, backing up your (poor) defence without actually introducing new defence points.

Domdom1989

Okay, I am quite cross as I made quite a few points in this forum trying to understand how my defence could work when they clearly had pictures of the signs. I was basically told to plod on with my defence and have faith and told it was 'fine', now I have a terrible defence which is going to lose...

@Coupon-mad do you have any advice from this point please?

Thanks

Mintyfeeling

Hi, sorry I'm not an expert here (just going through the process same as you).

You did send the template defence, right?

That template does include problems with insufficient signage. Even if in the pictures you can see the signs it's likely there was small print or some other reason why you didn't see them at the time. Maybe the judge won't see it that way but who knows? Their signs are generally known to be rubbish and there must have been a reason why you didn't see anything.

You should describe in your witness statement why you didn't see them. Plus take into account the nature of the entrance. Could you have seen the signs without looking away from the road? At what speed is the approach etc.

Plus the template also covers the attempt at double recovery which they have no doubt included in their claim. That alone has had claims thrown out as they're essentially breaking the rules to get extra money. They presumably know that when challenged it won't work but enough people won't fight it that they can still make decent money. I don't think many judges take kindly to that behaviour.

Domdom1989

@Mintyfeeling thanks for your advice. It's good to know. I have used the defence template and just changed the necessary bits and got the green light in here, but honestly, how can I defend not seeing the signs?

It just seems indefensible. The pictures are taken on a bright clear day, what excuse do I have? Do you have thoughts on what you'd say in my case? 

Also, what do you mean about the double recover? Do you mean the fact that they put the fine up after a certain period of time? 

Thanks

Mintyfeeling

In my case I also saw no signs but it was very dark so that might not be much help to you. There were no entrance signs and the sign they photographed was too small to read and clearly contradictory to their other signage so useless even if I had seen it.

It depends entirely on your own circumstances. Presumably there was a reason you didn't see them, on two separate occasions? High up signs? Maybe the sun makes it hard to see them even? Hopefully the judge will agree that the parking company had a responsibility to alert you to the proposed parking contract and that they failed to do so. Just make your case as best you can.

And for the double recovery (not completely sure if that's the right term), if you look back at the original PCN or on their signs the maximum amount they state is very likely £100. They are allowed to add on interest and court costs etc but you will also notice the charge went up to £160. That extra £60 they add on is not allowed, they will claim they are allowed but the government disagrees.

That at least adds up to £120 of unfair charges they've added on in your case that they will have a hard time defending.

Domdom1989

@Mintyfeeling it just doesn't seem plausible to say the sun was bright, or the signs were high up. They have 2 pictures of my car with 2 different signs in the background.

I literally don't know how to argue that.