Defence against Claim Form sent by Country Court Business centre

open-eyed

KeithP said:

open-eyed said:

Hello,
I did not receive any confirmation email/letter for my AOS submission...

They never acknowledge receipt of your acknowledgment of receipt of the Claim Form.

If they did, would you feel obliged to acknowledge receipt of their acknowledgment of receipt of your acknowledgment of receipt of the Claim Form?

Where does this stop?  

was no idea as first time dealing court related things but makes sense it will be a never-ending:)

open-eyed

Here are paragraphs 2 and 3 for my case, not sure it is a strong defense but this is the fact. Please help to correct where it needs. 

 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. As far as the defendant remember the circumstances on the day of more than a year ago, his father was in hospital critically with coronavirus and later passed away on that day. The defendant’s two young children were hungry as their disabled mother could not make lunch at home. Therefore defendant took them to the chrisp street market for lunch but did not find any street parking around as the usual car parking was closed due to the construction works. Then the defendant decided to take away food from a chicken & chips shop and parked exactly behind that shop and ordered the food from the back door. Then the defendant went to the front of the shop to pay and get the food but left the children inside the car due to coronavirus as they are unvaccinated. The defendant did not see any visible signs and marking at that time. The defendant found this unexpected penalty ticket was depressing in the difficult financial time during the pandemic as a low-income holder with a disabled partner raising two young children.

Coupon-mad

I'd add something about the PCN being predatory because it seems some distance photos were taken by a lurking person after a bounty from the parking firm, and they took a couple of snaps of the car with the children in, over two minutes flat, which breaches the Code of Practice regarding not enforcing a PCN before allowing a five minute minimum grace period.

Unless I am wrong and the photos were by CCTV or ANPR camera?

paulstevens64

"The defendant’s two young children were hungry as their disabled mother could not make lunch at home"

Can you please expand upon this? Under the Equaliries Act you may well be entitled to additional time allowance due to your condition.

Le_Kirk

open-eyed said:

Here are paragraphs 2 and 3 for my case, not sure it is a strong defense defence but this is the fact. Please help to correct where it needs. 

3. As far as the defendant remember the circumstances ....... Therefore defendant took them to the chrisp street ..............The defendant did not see any visible signs and marking at that time. The defendant found this unexpected penalty ticket was depressing in the difficult financial time during the pandemic as a low-income holder with a disabled partner raising two young children.

Does the PCN (the ticket) actually say "Penalty" or is it in fact a Parking Charge Notice?  Is this the correct address?

Le_Kirk

paulstevens64 said:

"The defendant’s two young children were hungry as their disabled mother could not make lunch at home"

Can you please expand upon this? Under the Equalities Act you may well be entitled to additional time allowance due to your condition.

It reads like it was the children's mother (who was at home, not in the car) that is disabled, so that probably won't help.

open-eyed

Coupon-mad said:

I'd add something about the PCN being predatory because it seems some distance photos were taken by a lurking person after a bounty from the parking firm, and they took a couple of snaps of the car with the children in, over two minutes flat, which breaches the Code of Practice regarding not enforcing a PCN before allowing a five minute minimum grace period.

Unless I am wrong and the photos were by CCTV or ANPR camera?

Sorry, it was a PCN stuck on the windscreen as far as I remember. 

Coupon-mad

With kids in the car?!

Are you sure it wasn't a PCN by post 2 weeks later, based on predatory uploaded iphone photos, and no PCN on the car?

KeithP

open-eyed said:

Coupon-mad said:

I'd add something about the PCN being predatory because it seems some distance photos were taken by a lurking person after a bounty from the parking firm, and they took a couple of snaps of the car with the children in, over two minutes flat, which breaches the Code of Practice regarding not enforcing a PCN before allowing a five minute minimum grace period.

Unless I am wrong and the photos were by CCTV or ANPR camera?

Sorry, it was a PCN stuck on the windscreen as far as I remember. 

As far as you remember???

Most people remember getting a PCN - especially if it was stuck on the windscreen.

Sorry to be reminding you of this, but you told us it was the day your father died. Quite a significant event I would've thought, such that most things that happened that day would be remembered.

open-eyed

@Coupon-mad , sorry I mixed-up with another PCN, yes child were in the back seat playing with their mobile. Thanks for your guidance. I will finalise the draft and will submit it early next week, lets see!

@KeithP, I felt the opposite as my father was struggling for life around 4k miles away and I had been on video call all the day and probably was bit of ignorant around me. anyway, I am trying to make sure the claimant dont find me wrong in the court.