Cp Plus Parking Issue raised to County Court Business Centre Northampton

imsparticus

HI, Coupon-mad

Re the case above: I am about to send the defence letter and having found your template to a claim in county court for unfair charges. Would this be my first point.

Should I also add a bullet point regarding the inability to see any evidence of the said vehicle in the out picture,
which was my original issue?!

It seems at the moment of defence reading through everything it just needs to be just short and to the point.

If I'm honest I'm going glassy eyed looking at it all.

Any help with a basic A's and B's would be of great help.

Once again thank you

Coupon-mad

If you read any other claim thread you'll see that people use the Template Defence 'as is' and merely ask us to check their added words.

Adapt paragraph 3 (and add an extra paragraph 4 if needed...obviously renumbering the template if you do...).

Just put the facts about 'your' car park and the event/what went wrong, then show us their draft (ONLY PARA 2 and 3 PLEASE...we don't need to 'mark my own homework' and read the whole template again!)..

That's all we ask you to do. Very easy stage.

imsparticus

Thank you once again

imsparticus

Coupon-mad

Prior to sending:

The facts as known to the defendant:

2: It is admitted that the Defendant was the registered keeper of the vehicle in question and the driver.

3: On the day in question the Defendant attended a meeting at Wetherby Moto Services.

4: The Defendant was unaware of any parking restrictions and Indeed the weather was Inclement and Dark at the time.

5: The Defendant has repeatedly asked the Claimant for clearer evidence of said vehicle leaving the Services at the time stated. Of which they have failed to do so.

6: The evidence provided by the Claimant shows only a dark box with no clear vehicle.

I have left the rest of the template as is.

Thanks for your thoughts

Coupon-mad

I'd add to 4 that it is believed the signage was unlit and was certainly inadequate to conspicuously inform drivers of the onerous £100 'penalty clause' and form a contract in the dark. The Defendant saw no terms at all, either inside or outside, and no contract was agreed. It is plainly absurd of the Claimant to suggest that the Defendant was prominently informed and 'agreed' to some sort of parking contract to pay £100 to attend a meeting.


BTW, not being nosy but why on earth would anyone ever arrange a meeting at a MSA when they ALWAYS only allow two hours parking?  Did no-one Google and check?  MSAs are not ever suitable as meeting destinations...not even if they happen to be halfway between where people live.

imsparticus

Excellent thank you. I will amend as you say.

It was the half way point.....lol although won't be used anymore.

Thank you and I'll get this sent.

Coupon-mad

You realise you could have parked in probably any street at/near that half way point, just off the motorway?  Streets are free in the evenings as long as you avoid 24/7 permit zones.

Please please please stop looking for a car park to park a car!  If there is ONE message for all newbies here, it is that you should never, ever seek out car parks in towns & cities unless you have no choice, and then look for a COUNCIL car park only.

If meeting someone, just go on Google StreetView the day before, and find the nearest street to park in. There are always streets where you can park after restricted hours, even in London. 

imsparticus

You are a Star and of course I'll follow your advice in future.

Also The fact you don't have to inform who is the driver helps too. They make it look like you have to.

Thanks again and I'll post the results in time.

Le_Kirk

imsparticus said:

2: It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.  the .

3: On the day in question the Defendant attended a meeting stopped to use the facilities at Wetherby Moto Services.

4: The Defendant was unaware of any parking restrictions and, since it was dark and the weather was inclement, no signs, if indeed there were any, could be seen.   Indeed the weather was Inclement and Dark at the time.

5: The Defendant has repeatedly asked the Claimant for clearer evidence of said vehicle leaving the Services at the time stated. Of which they have failed to do so.

6: The evidence provided by the Claimant shows only a dark box with no clear vehicle.

Some suggestions above.

Coupon-mad

imsparticus said:

You are a Star and of course I'll follow your advice in future.

Also The fact you don't have to inform who is the driver helps too. They make it look like you have to.

Thanks again and I'll post the results in time.

No...don't go away and expect to just rock up for a hearing 'result' in 2023 - there are more stages!

Please read the Template Defence thread first 12 steps and then the whole section under the red capitals heading in the NEWBIES thread called 'IMPORTANT: KNOW WHAT HAPPENS WHEN'.

See you at WS and evidence stage in 2023.

Please no queries next month about the first standard letter/form, not even about the new question in it which you can just search the forum for.  All explained in the Template defence first post.