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Civil enforcement claim form defend help

Need help have similar issue received claim form from civil enforcement. I have acknowledged in mocl . I have to submit defend for case ..please help with content ..

basicalli I parked on 29/09/20 at soho road parking ..the parking is phone and pay and 1 hr free and £1 subsequent hrs. It says we have to pay in first hr .. which is confusion..I did called the number given and received first message as oh no there is technical issue with details u entered(without entering any details)ignored message and enter card details it got disconnected .

I tried again and this time after entering card details and vehicle registration disconnected..

there is no other contact details to call and no one there to help..and no one surround does not know much info apart from phone and pay details wasted 20mins

I decided to park and come back in hr but I am back 1.20mins..

received PCN and appealed and not received reject letter however company saying they sent ..and did not get chance to appeal popla.. it appears they intentionally miss the rejection letter ..

now I ended up in claim form ..please help with below defend wordings in point 3 of defend letter


The Claimant Parking Pay machine appears phone&pay car park and does not accepts money .Defendant did call the number provided to pay the parking fee . The Claimant phone record says there is a technical problem with the information provided , please enter long card number. The message appear very confusion and the parking setup is ambiguous.

Defendant, entered card details and the phone got disconnected . Defendant tried again and got same confusion message and after provided all details card details & vehicle registration the phone got disconnected again. 

Defendant understand there was something wrong with the claimant’s phone system and payment taking process. 

Defendant noticed google reviews about difficulties of paying car park at this particular location. Defendant is in helpless situation and no one surrounding know much more info . 

The Claimant's system, which appears to have technical issues and ambiguous messages, on this occasion.  The Defendant took every step expected of him to pay the vehicle on the material date 

After defendant received parking fine from the claimant , Defendant have appealed through claimant’s provided website and asking claimant to verify the phone recordings for that particular day. Claimant decided to reject defendant appeal on contract breach ground. Defendant have not received appeal rejection from the claimant within the dead line and hence defendant unable to appeal to independent body POPLA.  Following this was a series of debt collection letters and threats of legal action from solicitors representing the Claimant.

Parking pay phone having technical issue , not receiving the appeal rejection in correct time and harassing through series of debt collection letters and threats , seems like some sort of customer trap to take huge amount through parking fines.


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Replies

  • edited 14 February at 12:21PM
    FruitcakeFruitcake Forumite
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    edited 14 February at 12:21PM
    That reads more like a witness statement, that comes later in the process, than a defence.

    You need to tell the judge what type of car park this was (retail, hospital, residential, free, pay and display, permit holders only etcetera).
    Then you need to explain why you believe the charge is unfair and should not have been issued. For example, it's free for the first hour then pay by 'phone only thereafter. Frustration of contract occurred because the pay by 'phone system failed to record payment (or whatever the reason for non payment was), preventing the defendant from complying with the contract.
    State briefly the steps taken to remedy this, and that records of the failure will be produced later to support his.
    Add a one liner that an appeal was submitted but a reply was never received. You are not the first one to have this happen.

    Tidy up your spelling and grammar (I'm not being picky. The law is a pedant and you are producing a legal document).

    Keep it brief. A few short sentences/paragraphs should do.

    Please also tell us the issue date on the claim form, the date you completed the AoS, and what happened when you complained to the landowner.

    Have you complained to your MP yet?
    I married my cousin. I had to...
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  • tener369tener369 Forumite
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    Thanks for details very helpful 

    what u mean by completed AoS..

    I did not complain to landlord as no details were provided who the landlord is ?

    I have not complained to my MP
  • tener369tener369 Forumite
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    I am not very good with English .. I will try to update in the lines you mention and request for your review
  • tener369tener369 Forumite
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    Got it issue date is 25-01-22 and acknowledge on 27-01-22

    i might have time till 25-02 to file defend ?
  • KeithPKeithP Forumite
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    tener369 said:
    Got it issue date is 25-01-22 and acknowledge on 27-01-22

    i might have time till 25-02 to file defend ?

    With a Claim Issue Date of 25th January, and having filed an Acknowledgment of Service on 27th January, you have until 4pm on Thursday 24th February 2022 to file your Defence.

    That's that's over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.
    Don't miss the deadline for filing a Defence.

    Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.
  • tener369tener369 Forumite
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    Thanks Keith got those details only struggling to write facts in defence .. my English is not that good to present.. seeking help with my situation 
  • Le_KirkLe_Kirk Forumite
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    Did you find the template defence that @KeithP kindly pointed you towards?  If so, you need only adjust paragraphs 2 & 3 and then show us ONLY those two points for critique.  
    Paragraph 2 is about whether or not you were driving.
    Paragraph 3 is about the failure of the Claimant's equipment.  Keep it short and punchy.  The defendant tried to pay but the claimant's equipment/systems failed resulting in an unjustified parking charge notice.
    When it comes to the witness statement later in the process you can give full detail about how you tried to pay and how the systems failed.
  • tener369tener369 Forumite
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    Yes I got the template.. just for Paragraph 3 I am trying to present my case .. I got idea now to keep it short and high level .. I will write short one and post it here for review 
  • tener369tener369 Forumite
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    Hello guys . Taken Keith template I have added paragraph 2 and 3 . Please kindly review and let me know anything needs to add or remove

       The facts as known to the Defendant:

    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 of the vehicle.

     3.      The Claimant car park is a private car park surrounded with retail shops . Parking is free for the first hour thereafter £1 per hr pay by 'phone only. Payment should be made within first 1hour .

    The Defendant tried to pay within the first 1 hour but the Frustration of contract occurred because the pay by 'phone system failed to record payment , preventing the defendant from complying with the contract.

    Defendant have submitted appeal through claimant’s provided website. Defendant have never received appeal response from the claimant .Following this was a series of debt collection letters and threats of legal action from solicitors representing the Claimant.  

  • KeithPKeithP Forumite
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    Your paragraph 2 can be condensed to...

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