Defense Advice

ka2335

Issue date 15/09/22

Your acknowledgment of service was submitted on 03/10/2022 at 19:36:57

Your acknowledgment of service was received on 04/10/2022 at 08:05:58

I believe my defense needs to be emailed by 18/10

Claimant G24 Ltd

Sols BW Legal

KeithP

Is this an older, now closed, thread about the same parking incident?...
forums.moneysavingexpert.com/discussion/6042338/g24-pcn-ticket/p1

You are right with your Defence filing deadline but there might be something useful here...

With a Claim Issue Date of 15th September, and having filed an Acknowledgment of Service in a timely manner (just), you have until 4pm on Tuesday 18th October 2022 to file your Defence.

Not long now. Feel free to show us your proposed Defence when you're ready.

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'.

ka2335

Yes that is the older post. I had not letters for almost a year and then they started again, resulting in small claim.

Any feedback on going down the poor signage route? The pictures do clearly show the signage is poor, but i suspect the other side are well versed in how to cover that angle.

Will put something together tomorrow morning

Coupon-mad

Poor signage is probably the best defence point we see.  It is ALL about the signs, to most Judges.

Umkomaas

You won't need to add any photos to your Defence (note correct spelling - it's a 'c', not 's'), they come later as evidence as part of your Witness Statement. 

But I wouldn't use the photos of the actual signs you show here, because they look pretty clear to me, wordy, but your photos show all the conditions to be met in parking.  The other photos of the car park from distance are good, do you have any showing how sparse/part hidden/obscurely sited the signs are. Let G24 show their own detailed photos, which will inevitably be stock ones, allowing you to counter that they are not contemporaneous photos of the actual car park. Make sense?

ka2335

Umkomaas said:

You won't need to add any photos to your Defence (note correct spelling - it's a 'c', not 's'), they come later as evidence as part of your Witness Statement. 

But I wouldn't use the photos of the actual signs you show here, because they look pretty clear to me, wordy, but your photos show all the conditions to be met in parking.  The other photos of the car park from distance are good, do you have any showing how sparse/part hidden/obscurely sited the signs are. Let G24 show their own detailed photos, which will inevitably be stock ones, allowing you to counter that they are not contemporaneous photos of the actual car park. Make sense?

ok

The photos of the actual signs are just for you guys. I will use the photos from distance and the ones showing no signage (last two)

Yes makes sense

Coupon-mad

That doesn't quite match your first post:

The shop at the time had closed down, ceased trading and the car park is now part of the hospital next door. They are using as a staff car park only.
The driver overstayed the 90 min free parking 20/06/2019
My defense is going to be poor signage. I have pictures of the car park from 2019 that clearly show the part of the car park where i was parked has no signage at all, its around the back of the building. 

ka2335

I didn't really want to speak about the reason i parked there and what went wrong, but followed the prompts on the defence template to explain the circumstances, i can leave it out and only speak about signage, which was going to be the plan 

Le_Kirk

It is always best to be truthful, especially in front of a judge; you need to decide which of the stories is true (or maybe it is a combination of the two) and compile a defence based on that.

ka2335

I forgot to attach the "particulars of claim" as there might be something in there to include in the defence. They don't mention what contractual breach occurred , is that something to mention in my defence?

Umkomaas

Check that interest calculation. I suspect they're adding the £60 'recovery cost' to the base PCN cost from day one then applying 8% per annum - utterly incorrect calculation, showing either total incompetence or downright misrepresentation. And why should you be charged 3+ years interest just because they have been so tardy in issuing the claim, which could have been made far earlier?

You must undermine their calculations and help sow a seed of doubt in the Judge's mind as to how justified the claim is.