Defence review

Help_a_girl_out

Changed to this...

It is denied the Defendant was driving the vehicle in question at the time the Parking Charge Notice was issued.

Le_Kirk

If you were not the driver, how do you know what the signs did or didn't state?  Were you perhaps an occupant of the car but hubby was driving or did you question the driver after you received the NTK?  Need to make it clear for the judge.

Help_a_girl_out

Le_Kirk said:

If you were not the driver, how do you know what the signs did or didn't state?  Were you perhaps an occupant of the car but hubby was driving or did you question the driver after you received the NTK?  Need to make it clear for the judge.

I see, so if I add ‘On receiving the NTK, the defendant asked the driver who states….’ That would make it clearer?

Umkomaas

Help_a_girl_out said:

Le_Kirk said:

If you were not the driver, how do you know what the signs did or didn't state?  Were you perhaps an occupant of the car but hubby was driving or did you question the driver after you received the NTK?  Need to make it clear for the judge.

I see, so if I add ‘On receiving the NTK, the defendant asked the driver who states….’ That would make it clearer?

Yep, or you could have gone back to the car park to check yourself. Do you have your own photos of the signs on site, although the stock ones that UKPC seem to place in their eventual WS are often blurry and somewhat bleached out.  That's helpful to you.

Le_Kirk

Help_a_girl_out said:

Le_Kirk said:

If you were not the driver, how do you know what the signs did or didn't state?  Were you perhaps an occupant of the car but hubby was driving or did you question the driver after you received the NTK?  Need to make it clear for the judge.

I see, so if I add ‘On receiving the NTK, the defendant asked the driver who states….’ That would make it clearer?

Yes, perfectly clear to me or, as @Umkomaas writes you did some research.

Help_a_girl_out

The above is a photo taken by my husband at the time.

The below is a photo sent to me as part of the SAR

Help_a_girl_out

My Defence as it currently stands.  Any further advice would be welcomed, or indeed if it's ready to go, please let me know

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 Parking Charge Notice 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.  On receiving the NTK (Notice to Keeper), the Defendant enquired with the driver, who stated they 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

What was the PCN issued for, remind us? Overstay?

Help_a_girl_out

It was ‘parked in a permit area without displaying a valid petmit’

Coupon-mad

Ok, how does an arriving visitor go about getting a permit for that place?  Inside some of the premises?