MCOL defence - wrong code in parking app

Suz8674

Hi - I have sent the AoS. My defence is due in 4 weeks. It is Elms Legal - they have added £50 legal representative's costs. The claim is for over £200. They are making two separate claims against me for the same contravention on different dates. So in total over £400. I have done a SAR.

I have read the Newbie thread and have the template defence. I'm working on paragraph 3. I just wanted a steer on the outline of my case. Here's what I've sketched out so far. 

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

3.It is admitted that on DATE the Defendant's vehicle was parked at CAR PARK.

It is denied that the Defendant was in breach of any parking conditions or was not permitted to park.

The Defendant avers that there was an absolute entitlement to park as payment was made to the Claimant.

Payment of £XX was made via a mobile phone app . 

On opening the app, which uses GPS to determine location, three car park names were shown. All were called CAR PARK. The Defendant chose “CAR PARK 24 hour car park”. This is because the Defendant understood that the car park being used was open for 24 hours. The other options were “CAR PARK MS” and “CAR PARK permit holders”. 

The Claimant operates all three car parks.

The Defendant had no reason to believe the parking payment was invalid.

The Defendant received an SMS text message to confirm that payment had been received and had no reason to call the Claimant’s helpline as payment had successfully been made. The text messages acknowledging payment are the same whichever location code is used. 

The sign showing the app’s code was situated on the ticket machine which the Defendant was not using as payment was being made via the mobile phone.

The Defendant was familiar with the car park, having previously been a permit holder.

The Defendant is a genuine customer who has paid in good faith and did not attempt to avoid paying. 

Thanks

Suz8674

Sorry - just to be clear - I got the PCN as I used the wrong code. But they also operate the other car park that I did pay for. 

KeithP

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Who is the Claimant?

Suz8674

Issued on 29/11 - Acknowledged on 04/12

Suz8674

Claimant is VCS

KeithP

Suz8674 said:

Issued on 29/11 - Acknowledged on 04/12

With a Claim Issue Date of 29th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 3rd January 2023 to file your Defence.

You are right, that's over four 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'.

Suz8674

Am I barking up the wrong tree trying a defence that I paid even though used wrong code?

Coupon-mad

No, that will be your paragraph 3 of course, in the Template Defence you will find in the NEWBIES thread.

Le_Kirk

All your points could be combined into one paragraph otherwise you will need to give each one a number and then renumber the rest of the template defence points accordingly.

Suz8674

Hi - VCS are pursuing 2 claims against me at the same time through Elms legal. Both court claim forms were issued on 29 November, but I have only just received one (I assume due to the post strike).

I've sent the AOS tonight (20/12) but I think I have missed the 14 day deadline? (I sent the AOS for the first one on 4 December).

Should I email in my defence for the late one now anyway? Or is it too late?

I have tried searching the forum for Elms email adress but can't find it. Do you have it? Thanks

Boat_to_Bolivia

A google search brought up this

E-mail: [email protected]