Paid for a space still got PCN? Do I pay again?

Ab93

Thanks for your fast reply! I’ll give it my full attention tomorrow before I do are there any worthwhile updates to impact assessment or anything like that and/or anything that could help my defence? Thank you 

Ab93

Also can I put in for a counterclaim how much would that cost? Because why not? Thanks 

Ab93

Sorry for a third separate reply but do I need to request particulars of claim from them or an SAR? 

Coupon-mad

Ab93 said:

Hi guys got my claim form/response pack etc in the post today what is the next step please?

P.S. I see in the ‘counterclaim’ sheet ‘do you dispute this as you have already paid’ can I include my payment for a 24hr ticket from the machine?

Absolutely not. That's not what it means.
You are also not counterclaiming nor using any forms.

Use the Template Defence which is up to date as regards the DLUHC's draft IA.

Ab93 said:

Sorry for a third separate reply but do I need to request particulars of claim from them or an SAR? 

No. The claim form has the POC on the left.

You don't need or want a SAR.

Ab93

Thanks again for fast reply! So only the acknowledgment of service to be sent back along with template defence which can be found? On newbies thread? Thanks 

Ab93

Also is it my own words and version of events in part 3, and where it says 

We recommend you continue with this wording  (yes, all of it)

Is that copy and paste from part 4 right down to part 30? 

Thanks 

KeithP

Ab93 said:

...and where it says 

We recommend you continue with this wording  (yes, all of it)

Is that copy and paste from part 4 right down to part 30? 

Thanks 

Can you really not understand the words 'yes, all of it'?

You might find it interesting to read this thread.

Ab93

Hi again all, 

before I start with my hopefully last question just want to thank you for the help and readily available vast wealth of knowledge surrounding the subject giving me the confidence to fight against these gutter rats, and apologise if any ignorance is perceived or implied on my part, I’ve never gone to court in fact it’s something I’d do my best to avoid at all times so this being my first time does give some degree of anxiety and just want to make sure everything is right and proper and so this doesn’t collapse under me. 

My defence is drafted and almost ready to send (deadline 4pm tomorrow) thanks to various links and threads that I believe apply to my scenario, however one reply to another thread stuck in my mind that the defence sounds too much like a witness statement. Defence section 3 says explain in your own words what happened but should I save the sequence of events on the day for the witness statement as I have included paying for a ticket from the machine etc.

Also would I be able to use what I mentioned previously in the thread about the parking attendant parking without a permit to sort of back up that the signage is not good enough (as he clearly didn’t see it did he! the PPC ignored my email highlighting this and have since given him a permit) or should I not include anything about this in the defence or witness statement. 

Thanks 

Ab93

PS. 

My tenancy agreement states: 

2.15 Only park in the space allocated to you in this agreement. 

Does this suffice for primacy of contract because parking is not mentioned anywhere else. 

Thanks again 

Le_Kirk

Defences are best kept short, punchy and restricted to legal/technical argument, leaving the story and evidence to back up and support the defence at Witness Statement stage.  What tenancy agreements don't say is as important as what they do say, for example, if it does not state that you have to display a permit and pay third party agents, then you do not!  Are you using the standard defence template (unless it is ParkingEye and they haven't added the debt admin)?  Are you certain that your defence is only answering what is on the claim form (POC) and not answering what you think you should?  Have you seen the recent defences using the HHJ Murch judgment?