Court Claim Papers Served - Smart Parking

LardyDah

I appealed which I now realise was a mistake asking for them to waive my fines as I had paid and got the land owners backing to cancel the fines. Of course the parking company declined. Shall I reword my paragraph 3 and remove the defendant paid the correct parking fee to the correct parking fee was paid? @Gr1pr can you please confirm what the untruth paragraph is and if I should include this if I reword my paragraph 3 and now 4

LardyDah

something more like this 

3.On both consecutive days namely, 13th November 2020 and 14th November 2020 the correct parking fee was paid for the time spent so there is no breach by conduct. The charges attempt to penalise for using the parking app which mistakenly having the incorrect vehicle auto selected. Despite the claimant being advised of this error by means of appeal this was refused. Due to the correct amount being paid on both occasions, the landowner requested that the 2 x PCN issued by Smart Parking for the alleged breach of the parking contract on private property be dropped, the Claimant has continued to pursue the claim.

4.Due the 'major keying error' using the parking app but having paid for parking and advised of this the Claimant made no attempt to match up the obvious 'wrong car' payment that clearly matched the D's time in the car park. Also, it is the Government's clear position that penalising drivers for VRM errors is an unfair burden under the Consumer Rights Act 2015 because parking firms have the right VRMs in their ANPR footage and should immediately reject a wrong VRM being typed in ('vehicle not on site') on the day and not issue PCNs at all for any VRM typos. Unfair terms that are weighted against the consumer and breach the CRA are unrecoverable.

Coupon-mad

Sadly, you can't use the extra 'untruth' paragraph because you threw that away when you appealed as driver. You'd have won that appeal easily, if you'd come here at the time. We always won them. Never mind!

Don't abbreviate the word Defendant (e.g. 'the D's time'). Also don't use acronyms like VRM without first putting it in full.

LardyDah

Thanks for the advice, fingers crossed for a positive outcome. 

Coupon-mad

LardyDah said:

Thanks for the advice, fingers crossed for a positive outcome. 

No need. We know how the scam ends.

They always discontinue once you get a hearing date looming. Did you read @Umkomaas discontinuances thread?

LardyDah

Yes have bookmarked it ready to send mine once it arrives