Beat them!

Sheildmaid

Sorry I didn’t realise you reply to this forgive me. It was just a gravel car park That had pay and display metre. I could try find out the land owner yes. How would I go about doing that?
i am just working on my defence now.

thank you 

Sheildmaid

Also The driver is struggling in what to write in #3 as They don’t really know what defence they have. As they paid cash for the display ticket, it was displayed on wind screen. But the received a notice via camera so they do not believe an actual person checked the wind screen paid ticket. 

Possibly the machine failed to record the correctly? 

The parking charge states
payment not made in accordance with terms displayed on signage.

Coupon-mad

You simply say what you do know, and what you don't know.

Umkomaas

Sheildmaid said:

Sorry I didn’t realise you reply to this forgive me. It was just a gravel car park That had pay and display metre. I could try find out the land owner yes. How would I go about doing that?
i am just working on my defence now.

thank you 

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Mouse007

Sheildmaid said:

Also The driver is struggling in what to write in #3 as They don’t really know what defence they have.

The driver defendant does know what defence they have, it is your next sentance

Sheildmaid said:

As they paid cash for the display ticket, it was displayed on wind screen.

And the defendant remember this (from your first post) because they were surprised how cheap it was

Your defence is simply a denial, state the facts. The Claimant must prove otherwise, did you receive any photos from them of the parked car?

Sheildmaid

Hi all the car park is northwood street car park in Birmingham.
The defendant has took photos of car park today, there is signs and they don’t seem be obscured. 

Surely the fact The defendant remember paying isn’t good enough for a defence ? 

 

Mouse007

Sheildmaid said:

Surely the fact The defendant remember paying isn’t good enough for a defence ? 

Not so, the defendants word is evidence. Is the defendant going to be a credible witness?

Sheildmaid

Would have thought the defendant is creditable they are a nurse and worked through the pandemic in a&e while getting harassed by this company! 

Coupon-mad

It's fine as a defence fact to add to the template.

If the driver gives oral evidence that they paid and displayed then...a Judge should conclude (unless he/she thinks they are lying, which is rare) it's a fact that they did!

Remember too, that if this goes to a hearing there will only be one true witness in the virtual or real courtroom. The only person sitting there who was actually in the car park and can give a first hand account, is the Defendant.

That's powerful and can be persuasive.  It's the Claimant's claim to prove. Not yours.

Mouse007

So there you go

I think

@Sheildmaid thinks

Sheildmaid said:

Would have thought the defendant is creditable they are a nurse and worked through the pandemic in a&e while getting harassed by this company! 

@Coupon-mad thinks

Coupon-mad said:

If the driver gives oral evidence that they paid and displayed then...a Judge should conclude (unless he/she thinks they are lying, which is rare) it's a fact that they did!

Remember too, that if this goes to a hearing there will only be one true witness in the virtual or real courtroom. The only person sitting there who was actually in the car park and can give a first hand account, is the Defendant.

That's powerful and can be persuasive.  It's the Claimant's claim to prove. Not yours.

the defendant is going to be a credible witness

That's good enough for a defence