Claim form received, help and opinions needed for defence

1505grandad

Add "but liability is denied" at the end of para 2.

In fact the template D as only just been amended which you may wish to read.

Coupon-mad

Maybe you could say you tried again but found this far too difficult to see and do in the dark unlit area of the car park and with hindsight, wonder why the Claimant doesn't add a prominent 'pay for your parking' machine and keypad inside the services building and/or at a barrier at the exit.

Stanley821

I’d just have thought they’d do that in the first place. Just make it straightforward to pay. I’d have paid it otherwise. But yes I’ll add something to that effect. 

Stanley821

1505grandad said:

Add "but liability is denied" at the end of para 2.

In fact the template D as only just been amended which you may wish to read.

"but liability is denied" isn't in the template any more. should I still put this in?

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

Stanley821

alright folks here's what I'm about to submit as my defence. Hopefully the judge will agree that in these circumstances the charge is unreasonable. Special thanks to @KeithP and @Coupon-mad for your assistance. Just need to find the email address to send it to. 

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

3.1. After embarking on a long, monotonous motorway journey, the defendant arrived late in the evening at the services and did not see the poorly lit sign displaying the parking terms.
 
3.2. The defendant parked in an area where there were no signs present and due to not wanting to drive whilst tired had a sleep, then went and bought some refreshments from the services.

3.3. On their way back to the car, the defendant noticed a smaller sign which explained parking charges. The only way to pay was by telephone but this sign didn't give the telephone number and directed the defendant towards other signs in the car park to find the number to ring.

3.4. The defendant found the correct number and rang it for what seemed like at least ten minutes. Once it got to providing the registration plate details, the defendant made a mistake entering letters on their phone's numeric keypad and had to start all over again.

 3.5. The defendant had been instructed specifically to pay by mobile phone. There were no Pay & Display machines nor to the defendant’s knowledge any facility to pay inside the premises. Every effort to pay before leaving was thwarted by a cumbersome system and reliance on an unreliable phone signal.  

 3.6. After multiple attempts to pay, the defendant found this far too difficult to see and do in the dark unlit area of the car park and with hindsight, wonders why the Claimant doesn't add a prominent 'pay for your parking' machine and keypad inside the services building and/or at a barrier at the exit.

 3.7. Despite reasonable endeavours, the defendant simply could not enter into the contract, which proved impossible to comply with, given the method required. The authority in Jolley v Carmel applies and attention is also drawn to the new DLUHC Code of Practice which confirms that parking operators should not be using systems that set drivers up to fail with cumbersome and error-risky number plate 'keying' requirements.

1505grandad

""but liability is denied" isn't in the template any more. should I still put this in?"

It is now in para 1 which is why I referred you to the amended template.

Stanley821

good stuff thanks yes that's the template I'm using

KeithP

Stanley821 said:

 Just need to find the email address to send it to. 

That shouldn't be difficult.

Have another read of the opening post of the Template Defence thread.

Stanley821

KeithP said:

Stanley821 said:

 Just need to find the email address to send it to. 

That shouldn't be difficult.

Have another read of the opening post of the Template Defence thread.

found it thanks, just trying to sign it now

Stanley821

Defence submitted, thanks for all your help so far.