Parking Fine County Court Claim Defence Advice

DaveMuz

Hello

I am looking to submit my initial defence, I have tweaked the below, is it still too wordy.  Any advice very much appreciated.

Thanks very much DaveMuz

 

The facts as known to the Defendant:

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

 

3. The defendant entered the card park at believed to be Park House Court, Hatfield and was using the carpark 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.

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 told the defendant, hotel residents were entitled to free parking, during their stay.  The hotel receptionist went on to advise the defendant, they did not have to display a ticket from the machine in the carpark, and the defendant will be issued with a permit to park in this carpark and to display the permit next time they 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 the vehicle they parked the night previous, they 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 a copy of the booking confirmation for the hotel.  Confident this would resolve the situation the defendant did not hear anything back from the appeal sent to the company shown on the parking notice issued.

Le_Kirk

Are you the registered keeper (or maybe it is a leased car) if so you should say so in paragraph 1#.

they could see the carpark attendant, stood standing in front of the vehicle.

In my opinion it is too long and a lot of it should be saved for the witness statement.  Defence is a series of short. punchy legal/technical arguments whilst a witness statement is a narrative, the story of what happened.

KeithP

...and every paragraph needs a number - renumbering subsequent paragraphs to suit.

Coupon-mad

Might not have been your thread, but i thought I advised you to change all the 'card park' and 'carpark' errors to 'car park'.

DaveMuz

Thanks all for the input, sorry coupon-mad you did point out "carpark" will amend according, trim down and renumber.

Thanks again.

DaveMuz

DaveMuz

Hello All

Looking for some advice again if possible, I submitted my defence on 01/09/22 to the County Court and received an acknowledgement from them.  I have still not received Directions Questionnaire (form N180).  Should this have come through by now or does it take a while.

Thanks DaveMuz

Trainerman

Hi DaveMuz. One of the people that I am helping submitted defence in March, and received N180 yesterday, if that is any guide

DaveMuz

Brilliant, thanks for that, just worried I though I had missed something.

Cheers

Le_Kirk

What does it show on the status page when you log in to MCOL?

DaveMuz

Hello All

Just to say a big thank you to you all, UK parking control informed me today they do not intend to go to court and have dropped the parking charge case.  Thanks for all your advice, it was a huge help.

Cheers