How to compile the Defense ?

Friendly87

Hi everyone

Really appreciate your good work trying to save the public from these rouge parking companies.

I have read threads relevant to my situation, a little overwhelmed. Apologies in advance if I am duplicating your work.

Unfortunately, I didn’t know about your website and supports and followed wrong advice.

 1.       I Appeal to the parking company on their website, as I thought it was an unfair ticket– (now I know how to handle it after following your advice. But too late).           Obviously, they rejected my appeal. 

(The original ticket was issued as I stayed 5 mins longer than 4 hours allocated time. But it was the time I entered the car park not the time I parked the car. As I had to drive around to find a parking spot)

2.       Then I ignored subsequent threatening letters. ( i wish i knew about your website)

 

Now I have received a CCBC (which I have posted here).

3.       I have acknowledged it according to your advice (AOS, posted too)

4.        Defence – I found a defence template which states

“ 3. However it is denied that the Defendant was ever the Registered Keeper of the vehicle in question. It is also denied that the Defendant was ever the driver of the vehicle, nor had any other relationship to the vehicle in question, such as being insured upon it or owning it. Any assertions by the Claimant that the Defendant owes any sum to them is based upon their not knowing who the actual driver of the vehicle was and, in a case of mistaken identity, their incorrect assumption that the Defendant is the liable Registered Keeper of the vehicle.”

 

a.         Is this applicable to me, as I’m the registered keeper of the vehicle?

b.         am I using the wrong template?

c.         could you please let me have a link the up to date defence applicable to me?

 

Best wishes

KeithP

Hello and welcome.

With a Claim Issue Date of 12th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 15th August 2022 to file your Defence.

That's three 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

Mouse007

Friendly87 said:

4.        Defence – I found a defence template which states

“ 3. However it is denied that the Defendant was ever the Registered Keeper of the vehicle in question. It is also denied that the Defendant was ever the driver of the vehicle, nor had any other relationship to the vehicle in question, such as being insured upon it or owning it. Any assertions by the Claimant that the Defendant owes any sum to them is based upon their not knowing who the actual driver of the vehicle was and, in a case of mistaken identity, their incorrect assumption that the Defendant is the liable Registered Keeper of the vehicle.”

Do not use that! I don't know where you found it, but what ever you do do not return there.

Use the template on here (3rd sticky post)

Template defence to adapt for all parking cases

and look for examples (search this forum) about grace periods - you should be allowed 10 minutes I think.

Castle

Mouse007 said:

and look for examples (search this forum) about grace periods - you should be allowed 10 minutes I think.

Correct-13.3 of the BPA's Code states:-

Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN.

Friendly87

Please refer to the extract the defense i'm have darted to email to CCBCAQ@Justice.gov.uk. 

1. Could you please check item 2. and 3.  please advise whether it is sufficient or wording needs to be changed ?

2. if i am attaching photos should it be part of item 3. or a separate attachment? 

Claim No.:  xxxxxx ( to be filled )

                                                                                            Between

                                                                             Total Parking Solutions Ltd,

(Claimant) 

- and -  

Defendant’s name ( to be filled)

 (Defendant)

_________________

DEFENCE

 

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. 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 was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

The facts as known to the Defendant:

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

3. The Defendant attended Virgin Active café and the gym on 30th Sep 2021.

According to the PCN, the photos were taken of the defendant’s car entering and exciting massive Twickenham Stadium west car park, not the actual time of parking.

On 30th Sep 2021 there was a big trade fair in the Twickenham stadium that the defendant was not informed about by Virgin Active.  If informed about the trade fair, the defence would not used the car park, as agreed with Virgin Active Twickenham. Since the car park was full the defendant had to drive around and waited for a parking lot to be available for about 15mins.

Virgin Active users allowed 240 minutes parking. The defendant was issued the PCN for 277 minutes stay. There was not any clear signage showing how and where to pay for additional time. And also, when the defendant left the car park, it was a dark autumn night at 19:45.

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for adapting some pre-written wording from a reliable advice resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence. 

5. With regard to template statements, the Defendant observes after researching other parking claims, that the Particulars of Claim ('POC') set out a cut-and-paste incoherent statement of case.  Prior to this - and in breach of the pre-action protocol for 'Debt' Claims - no copy of the contract (sign) accompanied any Letter of Claim.  The POC is sparse on facts about the allegation which makes it difficult to respond in depth at this time; however the claim is unfair, objectionable, generic and inflated.  

6................

.

.

27.................................

Statement of Truth

I believe that the facts stated in this defence are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Defendant’s signature: ( to be filled )

 

 

Date:( to be filled )

Coupon-mad

You are not attaching anything to a defence.

The various stages (including when you get to send in evidence photos) are explained in the 2nd post of the NEWBIES thread under a red capitals heading (to grab new posters' attention) called:

'IMPORTANT: KNOW WHAT HAPPENS WHEN'.

Please remove 'parking lot (a jarring Americanism).

The rest of the defence is fine but this is only first stage. No photos yet!

hullensien

Castle said:

Mouse007 said:

and look for examples (search this forum) about grace periods - you should be allowed 10 minutes I think.

Correct-13.3 of the BPA's Code states:-

Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN.

Does 13.3 apply they were limited to 4 hours free parking - say on a guest permit - as opposed to paying for a 4 hour period?

Le_Kirk

Friendly87 said:

The facts as known to the Defendant:

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

3. The Defendant attended Virgin Active café and the gym on 30th Sep 2021.

4.  According to the PCN, the photos were taken of the defendant’s car entering and exciting exiting the massive Twickenham Stadium west car park, not the actual time duration of parking.

5.  On 30th Sep 2021 there was a big trade fair in the Twickenham stadium that the defendant was not informed about by Virgin Active.  If informed about the trade fair, the defence defendant would not have used the car park, as agreed with Virgin Active Twickenham. Since the car park was full the defendant had to drive around for about 15mins and waited for a parking lot place to be available .

6.  Virgin Active users are allowed 240 minutes parking. The defendant was issued the PCN for 277 minutes stay. There was not any clear signage showing how and where to pay for additional time. And also, Also when the defendant left the car park, it was a dark autumn night at 19:45.

Some adjustments for you.  All paragraphs require a number.  Not sure about the relevance of the darkness of the night when you left the car park!

Friendly87

Hi Le_Kirk and everyone thanks again for your help. Why i mentioned the night time was that signage was not visible at that time in darkness. is it worth taking photos at night time to show how bad the signage is, for evidence ?

Le_Kirk

Friendly87 said:

Hi Le_Kirk and everyone thanks again for your help. Why i mentioned the night time was that signage was not visible at that time in darkness. is it worth taking photos at night time to show how bad the signage is, for evidence ?

It is more important that you inform the court of the time (and therefore the light levels) when you arrived.

Friendly87

hi everyone,
i have attached my final defense statement. could you please let me know if i need to change anything. thanks in advance.
best wishes