Return to car park in same day

Park_Life_Green

Issue date is 1st Feb but I acknowledged service 6th Feb so have the extra time to get to work on the defence

KeithP

Park_Life_Green said:

Issue date is 1st Feb but I acknowledged service 6th Feb so have the extra time to get to work on the defence

With a Claim Issue Date of 1st February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 7th March 2022 to file your Defence.

That's over two weeks 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'.

Jenni_D

This will be a double-dipping scenario - they've based the times on the first entry and last exit ANPR captures. In your defence you aver that there were two separate visits by the driver, and that the Claimant's checks have been sub-optimal as they've missed capturing (or have deliberately ignored) one or both of the first exit and second entry.

Has the driver's identity been disclosed to the Claimant at any time? If not then you probably also have a POFA angle to your defence as it is unlikely that their PCN was POFA-compliant.

1505grandad

Have you seen the post by bargepole on the following thread  -  15th February:-

https://forums.moneysavingexpert.com/discussion/6334946/vexatious-litigation#latest

"I've never known of a 'no return' clause to be the subject of a court claim, but if it was, the following paragraphs should be included in the Defence:

2. It is admitted that the Defendant is the keeper of the vehicle, and was the driver on the first occasion when the vehicle was parked at 11.13am. The Claimant's signage states 'no return within 2 hours', and the Defendant did not return within 2 hours, or at all. The Defendant did not, therefore, breach this contractual term.

3. On the second occasion when the vehicle was parked, at 12:21pm, the vehicle was driven by the Defendant's wife, who is insured to drive the vehicle under the Defendant's insurance policy. As she had not been a party to the contract formed by signage with the Defendant, she was also not in breach of the terms. Consequently, there was no breach of any terms by either the Defendant or another driver, and the Claimant has no cause of action in this matter."

Obviously amend as necessary.

D_P_Dance

Read these and complain to your MP and Trading Standards about the faulty ANPR system

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

https://metro.co.uk/2021/10/18/surrey-writing-on-womans-jumper-landed-couple-with-fine-when-she-walked-in-bus-lane-15439916/

Park_Life_Green

KeithP said:

Park_Life_Green said:

Issue date is 1st Feb but I acknowledged service 6th Feb so have the extra time to get to work on the defence

With a Claim Issue Date of 1st February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 7th March 2022 to file your Defence.

That's over two weeks 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'.

Thanks I wasn't sure what the exact deadline would be so that's useful! Working on it now so hopefully two weeks will be enough

Park_Life_Green

Jenni_D said:

This will be a double-dipping scenario - they've based the times on the first entry and last exit ANPR captures. In your defence you aver that there were two separate visits by the driver, and that the Claimant's checks have been sub-optimal as they've missed capturing (or have deliberately ignored) one or both of the first exit and second entry.

Has the driver's identity been disclosed to the Claimant at any time? If not then you probably also have a POFA angle to your defence as it is unlikely that their PCN was POFA-compliant.

I have never disclosed the driver's identity - what would the POFA angle be? I've not come across this before

D_P_Dance

 I've not come across this before

Read some other doubling dipping threads

Umkomaas

Park_Life_Green said:

KeithP said:

Park_Life_Green said:

Issue date is 1st Feb but I acknowledged service 6th Feb so have the extra time to get to work on the defence

With a Claim Issue Date of 1st February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 7th March 2022 to file your Defence.

That's over two weeks 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'.

Thanks I wasn't sure what the exact deadline would be so that's useful! Working on it now so hopefully two weeks will be enough

It shouldn't take you more than an hour because 90% of your Defence is already written for you. Check the Defence Template Announcement thread, one of six 'pinned' to the top of the forum thread index. Post your draft up (just the paras you insert in your own words, no need to show us the whole shooting match, unless you've altered any of the paras after para 3) for critique. 

Don't try to write your whole defence from scratch. 

Jenni_D

D_P_Dance said:

 I've not come across this before

Read some other doubling dipping threads

The OP wasn't talking about the double-dipping angle.

Park_Life_Green said:

Jenni_D said:

This will be a double-dipping scenario - they've based the times on the first entry and last exit ANPR captures. In your defence you aver that there were two separate visits by the driver, and that the Claimant's checks have been sub-optimal as they've missed capturing (or have deliberately ignored) one or both of the first exit and second entry.

Has the driver's identity been disclosed to the Claimant at any time? If not then you probably also have a POFA angle to your defence as it is unlikely that their PCN was POFA-compliant.

I have never disclosed the driver's identity - what would the POFA angle be? I've not come across this before

Read the PCN that was issued, and read the Protection of Freedoms Act 2012, Schedule 4. There are specific, mandatory requirements to be included in a PCN in order to make the keeper liable for a breach of contract by a driver - most parking company PCNs do not comply. (e.g. they send the PCN in the wrong time frame - too early or too late; they don't define who is the Creditor; etc.) I don't remember, but I think the template defence already covers a lot of this.