Zellig Car Park, Deritend, Birmingham

AndreasA · 12 February 2023 at 11:40AM

Hi guys, please see below what I have so far. It doesn't feel like it's enough, but I'm struggling on what else to add to it. Any feedback welcome.

"3. The defendant was visiting the area for a few days to stay at a nearby hotel for a business trip. Upon arriving in the area, significant amounts of road works were present in large parts of the area, including the main road enabling access to side roads and the parking area in question where the supposed breach of terms occurred. The entrance to the car park was heavily obstructed by the surrounding roadwork, allowing narrow access for a car. Fencing to the height of around 2-3 meters covered both the left and right of the road leading into the car-park, obstructing views of pedestrians and the entrance as well as the surrounding area to the car park itself, including any signs in the area. The road in this immediate area was also dug up, meaning the ground was uneven and rough.

Upon entering the car park, further obstructions and rough road were apparent. No clear signage was present in the area to indicate the operating hours of the car park or any charges associated with this. Furthermore, a picture of signage was provided at the initial appeals stage with the Claimant, which has no indication of any £100 PCN charges for any breach."

Coupon-mad · 12 February 2023 at 3:45PM

Looks good. We assume you added 'and driver' to para 2?

AndreasA · 12 February 2023 at 9:53PM

Coupon-mad said:

Looks good. We assume you added 'and driver' to para 2?

I did yes. Great template.

Do you feel like the above is enough for the defence or are there any more non-specific reasons that might be added? I can see there's a few in the template already.

Coupon-mad · 12 February 2023 at 9:59PM

That's all you need to add.

Later at WS stage you will expend on all the defence points snd provide exhibits in support of your case.

skerrigan · 13 February 2023 at 10:04PM

Same carpark, different day. Zellig seem to be a really unethical parking management company - https://forums.moneysavingexpert.com/discussion/6425084/schrodingers-parking-ticket/p1?new=1

Coupon-mad · 13 February 2023 at 11:28PM

skerrigan said:

Same carpark, different day. Zellig seem to be a really unethical parking management company - https://forums.moneysavingexpert.com/discussion/6425084/schrodingers-parking-ticket/p1?new=1

Are there any ethical ones?

Time will tell which ones survive proper regulation.

AndreasA · 14 February 2023 at 9:52PM

Hi. I have sent my defence to CCBCAQ. For the Directions Questionaire, what is the deadline for submitting this?

KeithP · 14 February 2023 at 10:01PM

AndreasA said:

Hi. I have sent my defence to CCBCAQ. For the Directions Questionaire, what is the deadline for submitting this?

There is no deadline until the CCBC has sent you a blank DQ to complete and the letter accompanying it will explain.

The CCBC will send you a letter saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant.

It follows from that that it is not known when the Claimant has to respond to the CCBC.

Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back at the CCBC, remembering to send a copy to the Claimant of course?

Time to read more of that checklist you were following when you filed a Defence.

When you receive a blank DQ from the CCBC, re-read items 8, 9 and 10 on that list.

Coupon-mad · 14 February 2023 at 11:33PM

AndreasA said:

Hi. I have sent my defence to CCBCAQ.

Did you get the necessary acknowledgement?

AndreasA · 25 February 2023 at 11:30PM

Hi everyone,

I got an auto-response from CCBCAQ, but nothing else from them. I just got an acknowledgement from Gladstones 3 days ago. This was the message:

"We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim.
Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court."

I have attached said completed Directions Questionnaire here. Any advice on next steps would be great..