Zellig Car Park, Deritend, Birmingham

AndreasA

Hi everyone,

It's been a while since I posted this. Long story short, I have just received a Claim Form.
I've spent a fair bit of time reading through the Newbies Thread already to understand what to expect from here on out.

I would like to get some input on what my odds are at winning this thing based on the above. My main concerns are that they sent requested SAR back on same day and it included pictures of my car entering and leaving the car park along with a picture of the sign with charges on (this seems to be the same image they have used for both sets of SAR). 

As stated in the Newbies Form, 'I didn't see the sign' isn't a valid defence, I appreciate that, but the whole car park is/was covered in road work at the time, which is something I was going to possibly include in the defence. 

Obviously I know I need to do some more research to build my defence here, but I also don't want to spend the time building a defence if there is no chance of winning based on this case above.

Appreciate any help/feedback on the above.

KeithP

AndreasA said:

I have just received a Claim Form.

What is the Issue Date on your County Court Claim Form?

Coupon-mad

As stated in the Newbies Form, 'I didn't see the sign' isn't a valid defence,

It's actually a VERY STRONG defence if the signs and terms were not prominent, so this will be the main point of your facts in the template defence:

"but the whole car park is/was covered in road work at the time, which is something I was going to possibly include in the defence..."

AndreasA

KeithP said:

AndreasA said:

I have just received a Claim Form.

What is the Issue Date on your County Court Claim Form?

It is 12th of January.

AndreasA

Coupon-mad said:

As stated in the Newbies Form, 'I didn't see the sign' isn't a valid defence,

It's actually a VERY STRONG defence if the signs and terms were not prominent, so this will be the main point of your facts in the template defence:

"but the whole car park is/was covered in road work at the time, which is something I was going to possibly include in the defence..."

So the road work is leading into the car park. I unfortunately just have the Google Image from Maps showing the area/entrance, but it's from 2021 before the roadwork started properly. When I was there it was covered in gravel and sand and the areas to the left and right were completely blocked off and dug down, creating a narrow passage to drive into the car park. The carpark itself was clear enough but impossible to see as you are driving in the terms, although there was a single sign on the inside in the middle I believe. 

Unfortunately I am not local to the area as I'm in Leeds, but I'm debating whether to drive down to take some pictures for my case or if we've had anyone else on the forum who've had trouble with this car park before? 

Coupon-mad

No need to drive down.  No photos or evidence needed at this stage. Defence only at the mo.

Non-prominent signage is a strong defence.  Show is your draft paragraphs 2 and 3 that you plan to fit into the forum's own Template Defence.

KeithP

AndreasA said:

KeithP said:

AndreasA said:

I have just received a Claim Form.

What is the Issue Date on your County Court Claim Form?

It is 12th of January.

With a Claim Issue Date of 12th January, you have until Tuesday 31st January to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 14th February 2023 to file your Defence.

That's almost four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

AndreasA

Hi everyone, 

Update on this. I am currently working on my defence, but struggling with what to put in this. Would it be possible to post it here to get some feedback and suggestions based on the case above as listed out at each stage? Would appreciate if anyone can spot any holes. 

Should I post what I have so far here? 

Thanks

KeithP

@AndreasA, you haven't mentioned it, but did you file an Acknowledgment of Service at some time in January?

Please feel free to post for comment those paragraphs you have added to the Template Defence. Please don't show us those paragraphs that you have not changed.

AndreasA

KeithP said:

@AndreasA, you haven't mentioned it, but did you file an Acknowledgment of Service at some time in January?

Please feel free to post for comment those paragraphs you have added to the Template Defence. Please don't show us those paragraphs that you have not changed.

I did yes. Paragraphs for the defence in the comment below.