UK Parking Control(DCB LEGAL) Claim form received for ticket from 2018. what to do

Coupon-mad

iamc said:

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

 

3.  The car park itself was a multi-storey car park on 2 split levels.  There were two ticket machines and both of these were out of order at the time of the Defendant’s visit. The Defendant tried to call the payment line on the car park sign.  The Defendant only had cash on his person so there was no other way of making payment due to a "frustration of contract" that was outside of the Defendant’s control.  The Defendant decided to try and write a note explaining that the Defendant was unable to make payment as both of the machines were out of order.  The Defendant walked to the cinema to get some paper and a pen unfortunately no one would help.  The Defendant then walked downstairs to the Morrison’s supermarket and thankfully was able to use paper and pen to write a note to leave on the dashboard.  When the Defendant finally got back to his vehicle a ticket had already been issued on the windscreen. The Defendant put the claimant to strict proof that the PDT machines were not faulty. Simply saying they have no record/reports of faults is not good enough because it does not prove the machines were operational at the material time.

Did you get your defence in yet?

Only I've created a new paragraph 4 onwards to replace the template defence.  Use this brand new version instead after point #3:

https://forums.moneysavingexpert.com/discussion/comment/79031299/#Comment_79031299

HTH

iamc

Need to submit this by 4PM tomorrow

Defence...

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

The facts as known to the Defendant:

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

 

3.  The car park itself was a multi-storey car park on 2 split levels.  There were two ticket machines and both of these were out of order at the time of the Defendant’s visit. The Defendant tried to call the payment line on the car park sign.  The Defendant only had cash on his person so there was no other way of making payment due to a "frustration of contract" that was outside of the Defendant’s control.  The Defendant decided to try and write a note explaining that the Defendant was unable to make payment as both of the machines were out of order.  The Defendant walked to the cinema to get some paper and a pen unfortunately no one would help.  The Defendant then walked downstairs to the Morrison’s supermarket and thankfully was able to use paper and pen to write a note to leave on the dashboard.  When the Defendant finally got back to his vehicle a ticket had already been issued on the windscreen. The Defendant put the claimant to strict proof that the PDT machines were fully functional at the time of the alleged event.

 

Simply saying they have no record/reports of faults is not good enough because it does not prove the machines were operational at the time of the alleged event.

Anything else to add?

Thanks in advance

KeithP

@Fruitcake made some suggestions on 16 February at 9:37PM that you don't seem to have noticed.
If you haven't done so already, please do take advantage of @Coupon-mad's new version of the Template Defence.

Coupon-mad

Yep, template defence was changed since you last posted.

iamc

KeithP said:

@Fruitcake made some suggestions on 16 February at 9:37PM that you don't seem to have noticed.
If you haven't done so already, please do take advantage of @Coupon-mad's new version of the Template Defence.

Yes I have replaced with the new version 

Thankyou

How do I submit it 

to what email address

Does it need to be hand signed

KeithP

iamc said:

KeithP said:

@Fruitcake made some suggestions on 16 February at 9:37PM that you don't seem to have noticed.
If you haven't done so already, please do take advantage of @Coupon-mad's new version of the Template Defence.

How do I submit it 

to what email address

Does it need to be hand signed

On 16 February at 3:29PM I wrote on your thread...

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Full instructions on how to file a Defence are spelt out in the opening post of the Template Defence thread.

iamc

Morning 

Received the 'Notice of Proposed Allocation to the Small Claims Track this morning 
Telling me to complete Form N180

Le_Kirk

Did they send form N180 (DQ)?  If not, just refer to the NEWBIE sticky, second post where you will find all advice you need under a heading (in RED): -
IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

iamc

Yes they did...

iamc

What's the email address to serve the questionnaire to the court?
Thanks in advance