Defence review

Help_a_girl_out

I was wondering if you could review points 2 & 3 of my defence, in response to a court claim I have received? Please let me know if you need any further information to assist.

The facts as known to the Defendant:

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

It is denied the Defendant was driving the vehicle in question at the time the Penalty Charge Noticed was issued.

3.On (date) the driver of the vehicle in question was attending the local shopping centre.   The driver did not see any external signage upon entry to the car park, nor did they see any obvious signage in the vicinity of where they parked the vehicle.  Having used the adjacent car park many times previously (and no conspicuous signage to suggest otherwise) the driver believed that this car park operated under the same contract.  At that time the contract was that the driver could park for up to 6 hours without a charge.

Coupon-mad

Which PPC?

Which legal firm?

What's the Date of Issue top right in the claim?

When does MCOL say you did the AOS?

How sure are you that you were NOT the driver?  Why do you know this? Your defence needs to say.  You must not DENY being the driver if you were.

Help_a_girl_out

Thanks for your reply, 

1. UKPC

2.DCBL

3. 12/09/22

4. AOS Submitted 18/09/22, received 20/09/22

5.My husband recalls parking here at the time the PCN was issued. I shall add that in.

KeithP

Help_a_girl_out said:

3. 12/09/22
4. AOS Submitted 18/09/22, received 20/09/22

With a Claim Issue Date of 18th September 12th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Friday 21st October 2022 Monday 17th October 2022 to file your Defence.

That's less than a week 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'.

Help_a_girl_out

Thank you. The claim issue date was the 12/9, so I do have slightly less time but will try and complete the defence tonight and post for further review.

KeithP

Help_a_girl_out said:

Thank you. The claim issue date was the 12/9, so I do have slightly less time but will try and complete the defence tonight and post for further review.

Ah... sorry. I don't know how I got that date wrong.
I have now corrected my post above.

Just to confirm...
...you have until 4pm on Monday 17th October 2022 to file your Defence.

Umkomaas

[DELETED BY FORUM TEAM]

To which post/poster are you referring?

Help_a_girl_out

Here's what I have so far.  For purposes of review, I've removed my claim number and name for privacy reasons (as I believe has been advised previously).  I've also taken out all points from point 4 onwards as I believe these stay the same and don't need your eyes over them.  The statement of truth has been left in for confirmation that it's the correct one.

I really appreciate you taken the time to look at this, thank you!

IN THE COUNTY COURT

Claim No.:     

Between

UK Parking Control Ltd

(Claimant) 

- and -  

 (Defendant)

_________________

DEFENCE

 

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

The facts as known to the Defendant:

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

It is denied the Defendant was driving the vehicle in question at the time the Penalty Charge Noticed was issued.

The driver of the vehicle was, in fact, the Husband of the Defendant.

3. On 28/04/2017 the driver of the vehicle in question was attending the local shopping centre.   The driver did not see any external signage upon entry to the car park, nor did they see any obvious signage in the vicinity of where the vehicle was parked.  Having used the adjacent car park a number of times previously (and with no conspicuous signage to suggest otherwise) the driver believed that this car park operated under the same contract. 

 

Statement of Truth

I believe that the facts stated in this defence are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Defendant’s signature:

Date:

 

Coupon-mad

It isn't a Penalty Charge Notice and you also have a rogue letter 'd' after that incorrect phrase.

Help_a_girl_out

Coupon-mad said:

It isn't a Penalty Charge Notice and you also have a rogue letter 'd' after that incorrect phrase.

Thank you re the rogue 'd'.  Can you inform me what the P in PCN does stand for?  Or is it not a PCN at all?

Help_a_girl_out

Help_a_girl_out said:

Coupon-mad said:

It isn't a Penalty Charge Notice and you also have a rogue letter 'd' after that incorrect phrase.

Thank you re the rogue 'd'.  Can you inform me what the P in PCN does stand for?  Or is it not a PCN at all?

Ah, Parking Charge Notice!