How can i represent my dyslexic mother.

Redx

scumbagparking said:

Many thanks will keep updated and also will post defence when finalised 

Excellent , and read this example of how to complain and get a PCN etc cancelled , in this case it was by the managing agent after them becoming involved

https://forums.moneysavingexpert.com/discussion/6330678/defence-systems-ltd-park-watch-gladstones-letter-before-claim#latest

But other complaints were also made too. 👍👍

scumbagparking

Hi, 

Great news. After contacting JLL and Aviva, I spoke to Aviva on the phone who had the director Andrew Coles call me back. Before even finishing the story he told me that the parking charge had been cancelled and to inform GroupNexus of this and if there are any issues get them to contact him. Amazing, would not have made that complaint if you guys didnt urge me to I assumed it was a bit late. Just got to send over the receipts on the day and pictures of the broken terminals. Would you recommend me finalising the defence and sending it to the courts email or do you think I am ok to leave it now?

Many thanks again you lot are the robin hoods of the parking industry the work you do is amazing and highly appreciated. Not many places will help you out of pure kindness.

Sareck

You must assume that the case will continue until the claimant issues a discontinuance , so I would ensure that the Defence is emailed before your deadline , unless you get a discontinuance in writing beforehand , which I doubt given that the deadline is next Monday

But we'll done to everyone involved in this terrible story 👍

Coupon-mad

 After contacting JLL and Aviva, I spoke to Aviva on the phone who had the director Andrew Coles call me back. Before even finishing the story he told me that the parking charge had been cancelled and to inform GroupNexus of this and if there are any issues get them to contact him. 

Would you recommend me finalising the defence and sending it to the courts email or do you think I am ok to leave it now?

Aargh, no, you cannot leave it.  You have a live court claim. YOU MUST file your defence and in the 'facts' section in your own words, you can add the news about the cancellation.

You must follow the court process until you see the Notice of Discontinuance.

Have you told Group Nexus and their roboclaim time-wasters about this development?

At least their clients understand ethical relations with consumers.  Group Nexus strike me as anti-consumer greed merchants. Many corporate group PPCs are backed by venture capitalists and it is ONLY about the money.

They are going to have to change their mindset and approach (and contracts) if PPCs like this litigious lot are to survive.  It cannot all be about only making money from PCNs. There are ways to manage parking without incentivising PCNs and they are going to have to learn, or fail.

Jenni_D

Make sure your defence includes a point that the Claimant's principal (JLL/Aviva) has informed you that they've instructed their agent to cancel the claim, but the defence is being filed as the Claimant has not yet discontinued.

scumbagparking

Hi all, 

This is what I have added to the sample defence. I know its relatively basic. Do i need to include more of the legalities or is that all included in the templated section.

The facts as known to the Defendant:

1.       It is admitted that the Defendant was the registered keeper of the vehicle and driver in      question, but liability is denied. 

2.       The defendant is dyslexic and suffers with severe anxiety dyslexic and therefore requires reasonable adjustments to be made in accordance with the Equality Act 2010.

3.       Prior to any further discussion, the defendant would like to state that contact has been made with both the owner of the carpark (Aviva investors) and the management company (JLL). Andrew Coles the director of Aviva investors, has confirmed that the PCN will be written off and the Claimant has been informed to contact him directly if any issues arise with this. The submittal of this defence is a therefore only a formality urged from independent advisors until a notice of discontinuance.

4.       On the 01/09/2020 the defendant entered Aylesbury Shopping Park. This car park is a free 2 hour stay car park however the defendant realised that they were due to overstay, so attempted to purchase a ticket from the machine. The defendant attempted to use multiple different machines and they were all out of use. Several other people on this day faced the same issue. As a senior citizen, the defendant is not particularly well adapted to using online services to pay for parking. As a result, she did not purchase a ticket and continued to finish her shopping spending over £1500 in Dreams and Benson Beds.

5.       When the first PCN was received the defendant appealed providing photographic evidence of the issues with the terminals on the day. The appeal was then rejected without consideration stating “Clear signs throughout the site advise drivers how to pay the parking fee by phone or online if you were unable to pay at the machines on site.”.

Kind regards 

Le_Kirk

scumbagparking said:

Hi all, 

This is what I have added to the sample defence. I know its relatively basic. Do i need to include more of the legalities or is that all included in the templated section.

The facts as known to the Defendant:

1.       It is admitted that the Defendant was the registered keeper and driver of the vehicle  in question but liability is denied. 

2.       The defendant is dyslexic, and suffers with severe anxiety dyslexic and therefore requires reasonable adjustments to be made in accordance with the Equality Act 2010.

3.       Prior to any further discussion, the defendant would like to state that contact has been made with both the owner of the car park (Aviva investors) and the management company (JLL). Andrew Coles the director of Aviva investors, has confirmed that the PCN will be written off cancelled and the Claimant has been informed to contact him directly if any issues arise with this. The submittal of this defence is a therefore only a formality urged from independent advisors until a notice of discontinuance.

4.       On the 01/09/2020 the defendant entered Aylesbury Shopping Park. This car park is a free 2 hour stay car park however the defendant realised that they were due to overstay, so attempted to purchase a ticket from the machine. The defendant attempted to use multiple different machines and they were all out of use. Several other people on this day faced the same issue. As a senior citizen, the defendant is not particularly well adapted to using online services to pay for parking. As a result, she did not purchase a ticket and continued to finish her shopping spending over £1500 in Dreams and Benson Beds.

5.       When the first PCN was received the defendant appealed providing photographic evidence of the issues with the terminals on the day. The appeal was then rejected without consideration stating “Clear signs throughout the site advise drivers how to pay the parking fee by phone or online if you were unable to pay at the machines on site.”.

6. The Department for Levelling Up, Housing and Communities ('DLUHC') has published, as of 7 February 2022, a statutory Code of Practice which all private parking Operators are required to comply with. This states, as Section 9, that "The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued".  In the present case, the Claimant has added a sum of £60, described as 'damages', which is clearly contrary to the intention of the Code. Whilst it is accepted that the new statutory Code does not take full effect immediately, it clearly sets out the Government's intentions regarding private parking and the Court is invited to strike out this element of the claim, irrespective of the determination of any other element.

Kind regards 

Some suggestions above.  Don't forget to add the rest of the template in before you submit it by e-mail to CCBC.  Add in the new paragraph 6 as shown and adjust all your other paragraph numbers accordingly.

Jenni_D

As above ... and don't forget to change the number reference in one of the template defence points. (You're renumbering, so the number of that point - currently point 5? - will change where it is referenced in a later point).

scumbagparking

The kind regards was just to all you kind people, I have already renumbered everything i just sent in the parts that had been altered. and that section i posted actually starts from 2 however the post format changed it. I can send in the whole document once i have edited again as prompted above. 

Thankyou once again

Umkomaas

I've not read back to check when your deadline for submission is (it'll be 4pm on a weekday, not a Saturday, Sunday or Bank Holiday), but we do not recommend submitting anything to the CCBC after 4pm on any day, and at no time on a weekend or BH - by email with Defence attached as a pdf file. 

So send before 4pm on a weekday before (or on) your deadline day and check your email (including your spam folder) for an auto reply confirming receipt. If you don't get the auto response, send it again. I think the CCBC has problems with Gmail emails, so use a different email provider.