Parking Fine County Court Claim Defence Advice

DaveMuz

I am very new to this or any forum, so apologies if posted incorrectly.

I have receive a County Court Claim and read previous posts, I am looking of some advise on my defence using the template found on other posts.  I have amended para2 and 3 and was looking to see if anyone can offer any advise on my wording in these paragraphs.

The facts as known to the Defendant:

2. It is admitted that the Defendant was the driver of the vehicle in question, not the registered keeper, but liability is denied 

 

3. [EXPLAIN IN YOUR OWN WORDS...but please notice that defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me']. 

The defendant entered the card park at believed to Park House Court, Hatfield and was using the carp are because they were staying in the hotel attached to this carpark.  The defendant arrived late at the hotel around 22:00, exited the vehicle and proceeded to the hotel reception to check in.

Whilst the defendant was walking the hotel around the carpark, the defendant did notice a parking sign the only noticeable wording on the sign said, “No Unauthorised parking”.  On entering the hotel reception, the defendant asked the receptionist if they were authorised to park in the carpark, the hotel receptionist advised the defendant that hotel residents were entitled to free parking as long as they were staying at the hotel and that they did not park in a numbered or disabled bay.  The hotel receptionist went on to advise the defendant, that they will be issued with a permit to park in this carpark and to display the ticket next time I went to the car.  As a staying guest at the hotel the defendant agreed with the terms and conditions stated by the receptionist and understood that parking was free and was authorised to use this car park.

The following morning the defendant left the hotel entrance and walked toward his vehicle he parked the night previous, he could see the carpark attendant, stood in front of the vehicle.  The defendant asked to carpark attendant if there was a problem, and the carpark attendant posted a parking charge notice on the vehicle windscreen.  The defendant explained to the carpark attendant that he was stopping the hotel and shown the hotel permit issued by the hotel receptionist the night previous.

The carpark attendant stated to the defendant there is nothing he can do as the “ticket” had already been issued and that the defendant would need to appeal to the address stated on the ticket.

The defendant, from the information received from the carpark attendant, did appeal the ticket with the company stated on the notice received.  Along with the parking notice received the defendant also sent with this a copy of the booking confirmation for the hotel and the parking permit issued by the hotel.  Confident this would resolve the situation the defendant did not here anything back from the appeal sent to the company shown on the parking notice issued.

 

Thanks DaveMuz

KeithP

Hello and welcome.

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

Coupon-mad

Welcome!

What's the date of issue on the claim?

Which Claimant?

Which legal firm, if any?

Have you done the AOS? If yes, when, according to your MCOL record?

Why didn't you just complain to the Hotel manager or the UK hotel group, to cancel the PCN on the spot?  They could have done that in minutes...

That draft defence point 3 is far too much information that you should keep for your witness statement before the hearing. Cut two thirds of it out!

And go through it and change all the typos to the correct two words: 'car park'.

The draft has it (wrongly) as:

card park
carp are
carpark

Remove this phrase from #2 because it's already in paragraph 1 of the Template Defence:

", but liability is denied "

 

And obviously remove this advice from me!

3. [EXPLAIN IN YOUR OWN WORDS...but please notice that defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me'].

DaveMuz

Hello and thanks for getting back to me

The complainant is UK parking Control Coventry, issue date 03/08/2022,Law firm DCB Legal Runcorn.

I have done the AOS date 11/08/2022 and sent a data request to UK parking and replied to their ID requirements.

I did complain to Travel lodge but they said the carpark was not owned by them, they receive free parking from the owners of the development owners and to appeal the notice

KeithP

DaveMuz said:

issue date 03/08/2022

I have done the AOS date 11/08/2022

With a Claim Issue Date of 3rd August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 5th September 2022 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence and it is good to see you are not leaving 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'.

Le_Kirk

DaveMuz said:

The facts as known to the Defendant:

2. It is admitted that the Defendant was the driver of the vehicle in question, not the registered keeper, but liability is denied 

 3. [EXPLAIN IN YOUR OWN WORDS...but please notice that defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me']. 

The hotel receptionist went on to advise the defendant, that they will be issued with a permit to park in this carpark and to display the ticket next time I went to the car. 

How did you end up with a N1 claim form if you were not the registered keeper?  Has liability been transferred to you as driver or is it a hire car or leased to you for work perhaps?  In which case you are defending as lessee.  Despite leaving in instructions (which I note you have been advised to remove) about not writing in first person, you have done exactly that.  Hopefully, when you shorten the defence you will edit it and stick to "the Defendant".

DaveMuz

Hello Le_Kirk

Thanks for getting back to me, I don't fully understand the implications of "defending as lessee", is this the same as being the driver or do I have to state I am defending as the lessee.  This was a company car provided by my employers, my employers leased the car from another company.

Thanks 

KeithP

DaveMuz said:

Hello Le_Kirk

Thanks for getting back to me, I don't fully understand the implications of "defending as lessee", is this the same as being the driver or do I have to state I am defending as the lessee.  This was a company car provided by my employers, my employers leased the car from another company.

Thanks 

Who is the Registered Keeper? You? Your employer? The leasing company?

DaveMuz

The leasing company Zenith Vehicle Solutions were the registered keeper at the time.

Thanks Dave

Coupon-mad

I think given the facts of the case, you should defend as driver.

Le_Kirk

DaveMuz said:

Hello Le_Kirk

Thanks for getting back to me, I don't fully understand the implications of "defending as lessee", is this the same as being the driver or do I have to state I am defending as the lessee.  This was a company car provided by my employers, my employers leased the car from another company.

Thanks 

You are the lessee, i.e. the car is leased to you (through your company) and sometimes it is better to defend that way rather then as admitted driver BUT since you have been advised by @Coupon-mad to defend as driver, I would do just that.