SUCCESSFULL DCB Legal County Court Stadium Retail Park Wembley

Ismaiel_c

Think i overstayed, was a long time ago, but i did park near currys then move to McDonalds, think its same car park though

Coupon-mad

Not a single parking event then.  This is their case to prove, not yours.

Ismaiel_c

Do i need to add anything to my defence?

Coupon-mad

I don't know what your defence facts section looks like.  We are on p3 of this thread now and we rarely have any time to trawl back.  We deal with 100 cases per day in our own time and just skim-read and reply on the hop to the posts from that day only.

If no-one has suggested changes to it and you haven't shown us your added words today for review, we won't know what you need.

Fruitcake

A defence must be written in the third person, so no me, myself, I, or you. There is at least one instance of "you" appearing in your latest version.

You also need to check for spelling and grammar mistakes. For example, "stating" not "sating".

Le_Kirk

Ismaiel_c said:

Do i need to add anything to my defence?

As you have time (19th April) and unless you have already submitted the defence, you could add that the car was parked in at least two separate spaces within the same car park.

Ismaiel_c

DEFENCE

1.The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver gave rise to a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or to form contracts in their own name at the location.

 

The facts as known to the Defendant:

 

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

 

3. The defendant in the case of the alleged parking charge dated 18/12/2016 denies any contract was knowingly entered into while parking at stadium retail park Wembley. Where the defendant enters the road to the parking there is no signage stating the defendant will be entering into a “contract” nor any signs stating a maximum time limit to park within the parking nor a sign in any prominent location where customers are able to see them. Whilst in the retail park the Defendant visited currys, JD sports, and drove through the McDonalds drive thru queue before leaving, the Defendant believe the maximum time to park has been set to entrap customers of the retail park to receive a parking invoice even if they are a couple of minutes late.  

3.1 The signs in this car park are not in prominent, clear, or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.

3.2 It is noted that within the Protection of Freedoms Act (POFA) 2012 it discusses the clarity that needs to be provided to make a motorist aware of the parking charge. Specifically, it requires that the driver is given ‘adequate notice ‘of the charge. POFA 2012 defines ‘adequate notice’ as follows:“(3) For the purposes of sub-paragraph (2) ‘adequate notice’ means notice given by: (a) the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including , the purposes of sub-paragraph (2); or (b) where no such requirements apply, the display of one or more notices which: (i) specify the sum as the charge for unauthorised parking; and (ii) are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land”

Castle

The McDonalds at this site also has a Drive-thru; so using that is not parking.

Ismaiel_c

Type your comment

DEFENCE

1.The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver gave rise to a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or to form contracts in their own name at the location.

 

The facts as known to the Defendant:

 

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

 

3. The defendant in the case of the alleged parking charge dated 18/12/2016 denies any contract was knowingly entered into while parking at stadium retail park Wembley. Where the defendant enters the road to the parking there is no signage stating the defendant will be entering into a “contract” nor any signs stating a maximum time limit to park within the parking nor a sign in any prominent location where customers are able to see them. Whilst in the retail park the Defendant visited currys, JD sports, and drove through the McDonalds drive thru queue before leaving, the Defendant believe the maximum time to park has been set to entrap customers of the retail park to receive a parking invoice even if they are a couple of minutes late.  

3.1 The signs in this car park are not in prominent, clear, or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.

3.2 It is noted that within the Protection of Freedoms Act (POFA) 2012 it discusses the clarity that needs to be provided to make a motorist aware of the parking charge. Specifically, it requires that the driver is given ‘adequate notice ‘of the charge. POFA 2012 defines ‘adequate notice’ as follows:“(3) For the purposes of sub-paragraph (2) ‘adequate notice’ means notice given by: (a) the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including , the purposes of sub-paragraph (2); or (b) where no such requirements apply, the display of one or more notices which: (i) specify the sum as the charge for unauthorised parking; and (ii) are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land”

Coupon-mad

I'd remove this and instead state that time waiting at a restaurant drive-thru is not parking:

 the Defendant believe the maximum time to park has been set to entrap customers of the retail park to receive a parking invoice even if they are a couple of minutes late.