Paid via telephone service, PCN rec'd, County Court N1 rec'd

PaidIt

I'm still looking for '..... Bargepole's new para 6 re the latest Government code of practice'

Struggling to know how much or little to put in the defence, but this what I have.

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

3.  There are no specific T&Cs posted for the telephone parking fee payment service advertised by the Excel.

The stated T&Cs on the main board do not cover using the third party telephone service, advertised on the payment machine. The payment machine, states ‘No need to display a ticket’ but gives no further T&Cs or instructions on how to use the service or what is expected of you. There is no mention on any signage about the full VRM being required.

I answered all questions asked by the voice recognition accurately and clearly, but the system couldn’t distinguish between two letters. When asked to confirm the information I said ‘No’, to go through the process again.

After multiple attempts the system changed the question and read back the first half of the VRM only. I thought that it had dropped the 2nd half of the VRM to narrow down the problem, so I confirmed that this was correct, expecting it to ask for the 2nd half next. It never asked for confirmation of the rest of the VRM, but asked for the make & colour of my vehicle instead, which I provided. It then took my payment, leading me to believe that it had sufficient information to identify the vehicle.

No warnings were given, I was not offered to speak to a real person, payment was taken and passed to the parking company.

The telephone service equipment failed to correctly register the VRM that was provided multiple times. The voice recognition system was not adequately calibrated to differentiate between similar sounds, and it's process for dealing with that issue was clearly not fit for purpose.

When I called the number next time I wished to park it did not ask for any details other than dates required and immediately went to payment. I used the service advertised by Excel in good faith to pay for all parking in full.

KeithP

PaidIt said:

I'm still looking for '..... Bargepole's new para 6 re the latest Government code of practice'

Here is one iteration...
forums.moneysavingexpert.com/discussion/comment/78970069/#Comment_78970069

PaidIt

Do you think that what I've written is enough? Should I state that I have receipts for all payments made?

KeithP

PaidIt said:

Do you think that what I've written is enough? Should I state that I have receipts for all payments made?

Evidence comes later, at Witness Statement time.

PaidIt

Thanks, I'll put my email together give it a final read through and submit tomorrow.

I appreciate the help.

Coupon-mad

PaidIt said:

Thanks, I'll put my email together give it a final read through and submit tomorrow.

I appreciate the help.

Did you get an acknowledgement from the CCBC, to be certain the defence was received?

Happy reading, get up to speed with the new Code of Practice from the DLUHC. 

https://forums.moneysavingexpert.com/discussion/comment/79013061/#Comment_79013061

That thread explains why it matters even to existing cases and it's not even in the Template Defence yet because it's so new but can be added to the witness statement later.

PaidIt

Thank you, yes I got a confirmation email. I'll have a read through that tomorrow, and get started on what I need for phase 2!

PaidIt

I now have a 'Notice of Proposed Allocation to the Small Claims Track' & a 'Directions questionaire.'

Of course this arrived the day I went away for 9 days! I have to complete it & get it to them on 09/05 at the latest. There doesn't seem to be an option to do this online, so I'm going to have to get this posted asap!

The parking company solictor contacted me to ask if I wanted to settle, which I did not answer, as I have paid in full.

The documentation I have now received from the courts seems to be saying that I have to go to mediation, while at the same time saying that to go to mediation I must be flexible and willing to settle. I feel that if I don't go I'll be seen to be unreasonable, but why do I have to settle when I paid?

What do I do?

Coupon-mad

There doesn't seem to be an option to do this online, so I'm going to have to get this posted asap!

Why? This is covered in the 12 steps in the Template Defence thread that you were following.

Not agreeing to Mediation is fully explained in the NEWBIES thread under the red capitals heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

PaidIt

Sorry I panicked, my memory is not great & this has me seriously rattled. I'll go back and find the relevant bit.