Review my defence. I won! Another one bites the dust!

Akan100

Hi

I would really appreciate some feedback on my defence. It is not much because I am not sure if I need to add more details or if this is enough. Thanks

The facts as known to the Defendant:

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

3. The incident happened on {DATE} The defendant parked in the parking bay in question with the intention to shop at {STORENAME} after receiving their first COVID vaccine at the near by medical centre. However, the defendant did not feel well enough to shop after receiving the injection and left without entering the store. The defended has evidence showing that the vaccine was administered minutes before the fine was issued.

4. The facts in this defence come from the Defendant's own knowledge and honest belief...

Akan100

The defended defendant has evidence

KeithP

Hello and welcome.

Do you have a County Court Claim Form?

If so, what is the Issue Date on it?

If you have filed an Acknowledgment of Service, upon what date did you do that?
Your MCOL Claim History will have the definitive answer to that.

Who is the Claimant?

Where did this alleged parking event take place?

What is the driver accused of doing wrong?

Fruitcake

It is not a fine.

What happened when you complained to the landowner and your MP?

Have a look at Jopson vs Homeguard, case number B9GF0A9E (transcript available online), where the judge said around paragraphs 19 and 20 that attending to a vicissitude of short duration is not parking.
This was an appeal case so is persuasive on the lower courts.
I would suggest that attending to an illness or possible allergic reaction brought on by a vaccination would constitute a vicissitude of short duration.

Akan100

KeithP said:

Hello and welcome.

Do you have a County Court Claim Form?

If so, what is the Issue Date on it?

If you have filed an Acknowledgment of Service, upon what date did you do that?
Your MCOL Claim History will have the definitive answer to that.

Who is the Claimant?

Where did this alleged parking event take place?

What is the driver accused of doing wrong?

Thanks.

The issue date is the 7th October and I have submitted the AOS on the 12th
The claimant is Euro Parking Services Ltd
The parking event took place in the car park of a small supermarket 
The driver is accused of Parking without entering the registration number inside the store

Coupon-mad

The driver is accused of Parking without entering the registration number inside the store.

The NEWBIES thread already includes an Odeon 'hidden ipad'  defence example with some wording you can use.

KeithP

Akan100 said:

KeithP said:

Hello and welcome.

Do you have a County Court Claim Form?

If so, what is the Issue Date on it?

If you have filed an Acknowledgment of Service, upon what date did you do that?
Your MCOL Claim History will have the definitive answer to that.

Who is the Claimant?

Where did this alleged parking event take place?

What is the driver accused of doing wrong?

The issue date is the 7th October and I have submitted the AOS on the 12th

With a Claim Issue Date of 7th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 9th November 2022 to file your Defence.

That's over two weeks 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'.

Akan100

KeithP said:

With a Claim Issue Date of 7th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 9th November 2022 to file your Defence.

That's over two weeks 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'.

Thanks. I was under the impression that I have to submit the defence by Wednesday the 26th because when I filed the Acknowledgment of Service on the 12th, it said that I have 14 days to submit a defence. How did you come up with the 9th?

KeithP

Akan100 said:

KeithP said:

With a Claim Issue Date of 7th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 9th November 2022 to file your Defence.

That's over two weeks 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'.

Thanks. I was under the impression that I have to submit the defence by Wednesday the 26th because when I filed the Acknowledgment of Service on the 12th, it said that I have 14 days to submit a defence. How did you come up with the 9th?

The back of your Claim Form tells you:

It goes on to say:

Akan100

Fruitcake said:

It is not a fine.

What happened when you complained to the landowner and your MP?

Have a look at Jopson vs Homeguard, case number B9GF0A9E (transcript available online), where the judge said around paragraphs 19 and 20 that attending to a vicissitude of short duration is not parking.
This was an appeal case so is persuasive on the lower courts.
I would suggest that attending to an illness or possible allergic reaction brought on by a vaccination would constitute a vicissitude of short duration.

I don't think that will work since I was parked there for longer than a couple of minutes

Coupon-mad

Ok, but the one I said is easy to copy from. It's right there in the NEWBIES thread. On a laptop, control & f and the word 'Odeon' finds it in a split second (but use the Template Defence mainly).