3 month old CCJ- N244 application sent: Areas of confusion 12 September 2022 at 2:32PM in Parking tickets, fines & parking 15 replies 233 views

GreenTree22

Yes he retired about  5 years ago so I can change that no worries, Is the rest of it okay/ all that is needed? 

Coupon-mad

GreenTree22 said:

Yes he retired about  5 years ago so I can change that no worries, Is the rest of it okay/ all that is needed? 

No.

I like the first bit but there's no defence pleaded at all.  Nothing.  DO NOT THROW AWAY A DEFENCE.

"parked inappropriately " - you are admitting?

EEEEK!  No-one puts that!

Leave the first section as it is then go and add the template defence from the sticky thread of that name, and the correct statement of truth (shown in that thread).

GreenTree22

Okay I'll have a look-

This is probably a stupid question but i'm confused why I even need to send a defence when they're in contempt of court? Surely the whole reason this should be chucked out is due to the fact the judge ordered they had until 14th December and its now early February they didn't follow the order so the whole fine died as soon as it got past the 14th december?

Coupon-mad

Because the Judge might let them off and say there's been no disadvantage to you.  This is small claims and Claimants are routinely cut some slack.

Then the Judge will look at your defence - which is currently zero.

B789

2. Notwithstanding the above. The Defendant does not deny being the keeper of vehicle XXXX, that the vehicle was parked at XXXX parked inappropriately on 25 October 2019.  

3. If the Claimant or the Claimants agent had contacted the Defendant the matter would have been settled without delay and avoided valuable court time and unnecessary costs. However, the Claimant failed to contact the Defendant.

Why on earth would you state something so inherently ill-informed that it puts you at such a disadvantage that you may as well just roll over and accept your fate at the hands of these parking scammers?

As you mentioned, you don't even remember the parking event but you immediately insist you were in the wrong because there was probably some sign there that said no-parking, or whatever. Consider the fact that this was on private land and you supposedly entered into a contract with the parking company by agreeing to their terms and conditions. Unless you are stupid and deliberately ignored their terms and conditions, is it possible that you were not aware that there were terms and conditions to be agreed in the first place? If so, why do you think you didn't know there were any terms and conditions to be agreed to? Perhaps the signage wasn't very obvious or missing altogether? If so, is that your fault of that of the parking company?

There are multiple defences against the type of parking misdemeanour your were accused of. By admitting in your defence that you "parked inappropriately", you are throwing away any possible defence against this claim, assuming it is allowed to continue despite supposedly being dead. Get a grip man!