Feedback on my defence please

helpthisgirl

 Hi all, 

Please could someone with a bit more of a know-how provide some feedback on my defence? 

Think I might need to make it a bit more concise but please let me know any additional thoughts.

For a bit of context, I accidentally paid for the wrong parking location (not helped as the sign was partially obscured by fencing due to repair works inside the grounds) and then decided to stay in the area and renewed the parking on two other occasions, all within the same 6 day window. This has led to 3 NIP's being issued against me, and one against my father as registered keeper of the vehicle. This is despite me asking them on various occasions to treat all tickets in that time frame under the registration as the same offence (I stupidly admitted to being driver as I was anxious that my dad to get the blame in the first instance as keeper). 

Any further advice would be really appreciated! 

Thank you in advance!! 

KeithP

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Coupon-mad

You can't have had a NIP.  That's prosecution over a real penalty, by an authority! It's not that.

Can you clarify: was there one PCN issued by post to Dad then you admitted to driving and that ONE parking charge is the subject of this claim in your name?

No claims in Dad's name, or are there other PCNs?  Are they all on this claim?

Did your 'wrong location code' payment still go to the right parking firm (e.g. NCP) or did you accidentally pay the council for a nearby car park unrelated to this Claimant? 

Name of parking firm?

Name of their solicitor?

(Also please answer Keith's questions).

helpthisgirl

KeithP said:

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Hi Keith, thanks for the response. 

I followed the advice on here and did the AOS after the 5th day and asked for the 28 day extension - that was the 20th August. 

Thanks! 

helpthisgirl

Coupon-mad said:

You can't have had a NIP.  That's prosecution over a real penalty, by an authority! It's not that.

Can you clarify: was there one PCN issued by post to Dad then you admitted to driving and that ONE parking charge is the subject of this claim in your name?

No claims in Dad's name, or are there other PCNs?  Are they all on this claim?

Did your 'wrong location code' payment still go to the right parking firm (e.g. NCP) or did you accidentally pay the council for a nearby car park unrelated to this Claimant? 

Name of parking firm?

Name of their solicitor?

(Also please answer Keith's questions).

Hi Coupon-mad, thanks also for getting back to me!

Thanks for the clarification around the NIP, must have mistaken for the claim forms. 

So to explain the situation a little better, I received 5 PCN's and dad received 1 PCN (I must have missed this one or gave up on the companies internal appeal process as I was in communication with them already to explain the location error - it was at this point i asked all PCN's from the date range under my reg to be treated as one). 

Dad has received one claim form for the one PCN.

I have received one claim form for 2 tickets, another claim form for another 2 PCN's, and anticipating a third for the final PCN from the same period. 

The parking firm is Total Car Parks Ltd and the payment did go to them (they manage both of the car parks involved in the case). Over the 7 day period I paid for I think that there was a difference of about £30 for parking in the wrong one (it was slightly closer to town). 

Solicitors are DCB Legal. 

Thank you again

KeithP

helpthisgirl said:

KeithP said:

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Hi Keith, thanks for the response. 

I followed the advice on here and did the AOS after the 5th day and asked for the 28 day extension - that was the 20th August. 

Thanks! 

It's not clear to me, but are you saying 20th August is the Issue Date on your County Court Claim Form or the date you filed an Acknowledgment of Service?

Please confirm the Issue Date on your County Court Claim Form.

Coupon-mad

And then search the forum for Henderson defence as you need to include cause of action estoppel in your two defences.

Dad needs to include other stuff about not being the driver and that this is an abuse of process and breach if the POFA schedule 4, because the driver took responsibility for all 6 unfair PCNs issued, so the Claimant knew who was driving all along, including the driver's full name and address (son).

Yet the Claimant continued to harass the keeper for this one and they have filed three duplicate claims, splitting the PCNs up and serving two claims to the driver but one to the keeper.  He should ask in his defence that his case is heard on the same day as your two, giving the claim numbers and repeating that request by email at EVERY STAGE.

helpthisgirl

Coupon-mad said:

And then search the forum for Henderson defence as you need to include cause of action estoppel in your two defences.

Dad needs to include other stuff about not being the driver and that this is an abuse of process and breach if the POFA schedule 4, because the driver took responsibility for all 6 unfair PCNs issued, so the Claimant knew who was driving all along, including the driver's full name and address (son).

Yet the Claimant continued to harass the keeper for this one and they have filed three duplicate claims, splitting the PCNs up and serving two claims to the driver but one to the keeper.  He should ask in his defence that his case is heard on the same day as your two, giving the claim numbers and repeating that request by email at EVERY STAGE.

Thanks Coupon-mad. 

I've added cause of estoppel (Henderson) to my defence. Happy to post it up again if you would like to take a look? Or otherwise, do you think the defence is in a good place? 

Thanks again. 

KeithP

Please re-read my post of 26 August at 1:02PM.

Not_A_Hope

The template defence suggests you should put the details that led to PCN in para 2,3,4 etc and renumber the rest of the paras in the template. You have included details down in para 20, 21 so are unlikely to get comments as most regulars won’t read what they expect to be the template defence. 

I suggest you re-post your 2-3 paras for comment but don’t add the rest of template until you need to send it to court.

helpthisgirl

Hi @Coupon-mad @KeithP - my 28th day after AOS is tomorrow, does that mean I need to post it today or is tomorrow included?  Hoping the latter as you advise not to share on a weekend! 

When filing my defence, where do I include my evidence? (photographs etc?) 

Thanks!