parking fine from 2016 - advice please

Gingersun

Mouse007 said:

With an issue date of 11 July you have until 4pm on Monday 1 August to fiile your AoS (The calculated date of 30 July is a Saturday).

You will then have until 4pm on Monday 15 August to file your defence (Again the calculated date would be 13th but that too falls on a Saturday).

Only file on working days, not weekends, to ensure you receive an acknowledgement email receipt.

Thanks so much - I have filed the AoS! hurrah

Defence next...

Gingersun

Hi all, I have been working on my defence as per the template, my understanding is that I need to change points 2&3 mainly? Now the letters received include photos with driver and passenger although somewhat hazy, can I ask if it is best to state the driver is unknown?

and in point 3 do you need to give a reason for the overstay or focus on the signage issues  - note they haven't sent a picture of the signage from the day with the SAR. It's nearly 6 years ago so could have changed etc. Once I've completed upon the advice is it ok to post here for any recommendations? Thanks 

Gingersun

also can I check after my acknowledgement of service - should I have had an email confirming- I thought I had but can't find

Coupon-mad

No AOS email acknowledgement, but MCOL will show when you acknowledged the claim. NB you do NOT use MCOL at all for defence stage, ONLY EMAIL.

Show us your draft added facts paragraphs only.

Gingersun

Coupon-mad said:

No AOS email acknowledgement, but MCOL will show when you acknowledged the claim. NB you do NOT use MCOL at all for defence stage, ONLY EMAIL.

Show us your draft added facts paragraphs only.

Thank you - will do - can you advise on what best to state re driver and also reasons for overstay - it's a retail park and nearly 6 years ago

Coupon-mad

Have a look at other drafts already in progress. I replied to one today...exactly like this! Go look!

Le_Kirk

Gingersun said:

Coupon-mad said:

No AOS email acknowledgement, but MCOL will show when you acknowledged the claim. NB you do NOT use MCOL at all for defence stage, ONLY EMAIL.

Show us your draft added facts paragraphs only.

Thank you - will do - can you advise on what best to state re driver and also reasons for overstay - it's a retail park and nearly 6 years ago

If you were driving, don't lie.  If you are asked by the judge at the hearing "were you driving?" what are you going to say?  If you weren't driving, say so, especially if you can prove it.  If you don't know because of the passage of time, it is perfectly reasonable to say that "you cannot remember or discover who was driving on an unremarkable day nearly six years ago".

Gingersun

Hello, please see below. I'd love help with defending the overstay...I think beyond 4 it is all template...so just included first part...

(also - it would be too late to approach the landowner/MP at this stage right?)

Thank you

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.

3. The Defendant was issued with a Claim Form by DCB Legal acting on behalf of the Claimant Highview Parking Limited for a Total amount of £216.05 (inclusive of £35 Court Fee & £50 Legal representative's costs). Through research, this relates to a PCN that was issued against the Defendant’s vehicle XXXXXX nearly six years ago on the xxxxxxxxxxxxxxxxx 2016, when the Defendant visited Waterfields Retail Park, Watford. 

The Defendant parked in the car park at this location and was a customer at the aforementioned retail park. The alleged event was nearly six years ago so it is difficult to remember the complete facts, however it is known that the Defendant did park in the stated car park on the alleged date of the event. The allegation appears to be that the vehicle overstayed the free parking period based on images by ANPR cameras at the entrance and exit to the site. This is merely an image of the vehicle in transit and is no evidence of whether the vehicle was parked the whole time. Around this time, the defendant would often visit the retail park as well as the Tesco superstore on the same land.

At no point when parking does the Defendant recall any clear, prominent signs showing the contractual arrangements near the bay used. There was also no signage easily visible between the bay used and the shops visited. The Defendant therefore does not agree that any form of contractual relationship was formed between the Defendant and the Claimant that would render the Claimants charges valid.

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for adapting some pre-written wording from a reliable advice resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence.

Coupon-mad

None of this is needed in a defence, because the Claim Form already says all this:

 acting on behalf of the Claimant Highview Parking Limited for a Total amount of £216.05 (inclusive of £35 Court Fee & £50 Legal representative's costs).

Did you have a reason to overstay (disabled or elderly passenger, in truth?) or is it possible this was two short visits?

Gingersun

Hi...its possible it could have been two visits, with tesco visit in-between. I'm sourcing my bank transactions and diaries from the time to see if anything rings any bells. And to see if passenger had issues. Other than that what do you think best? Or lost cause? Stressing as a lot on my plate at the mo! And this...writing to landowner or mp at this stage a no go? Thanks