County Court Claim form from UK parking control help please

Mumtobe2016

@KeithP I filed the AOS following your advice and did this within the time frame. 

We are currently working on the defence to send on Monday morning. I know and appreciate that this is leaving it very to the last minute but we have had a lot on and unfortunately I had a mental health breakdown a couple of weeks ago. I have completed the defence and will attach it here if someone could please have a look. Thank you

Mumtobe2016

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

3. The Defendant visited Retail Park on the 17th March 2017 and stopped in a disabled bay to collect a passenger and baby from the local restaurant due to the baby recently recovering from a virus and the weather was heavy rain and strong winds. The Defendant did not leave the car unattended for more than 3 minutes to allow for collection of the passenger and baby. The signs in the car park were not prominent, clear or legible from all spaces. It was a dark night and the weather was extremely poor on the 17th March 2017 leaving the defendant unable to accurately read the small car park signage and the terms and conditions as they were sporadically placed across the site. Please note, as the PCN was issued approximately 5 years ago, the landowner has now placed multiple additional signs across the parking site that were not in place at the time of issue

4. The Department for Levelling Up, Housing and Communities ('DLUHC') published in February 2022, a Private Parking Code of Practice includes the following two points which highlight that dropping a passenger or picking them up is not considered parking: 

2.19 parked/parking

an instance of a vehicle being caused by the driver to remain stationary other than in the course of driving (excluding instances where the driver has stopped to enable passengers leave or enter the vehicle)

A vehicle may be deemed to be parked whether or not the driver has left the vehicle or turned off the ignition

2.24 parking period

the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)

Mumtobe2016

I also forgot to say we have applied for a SAR but have heard nothing yet. 

Coupon-mad

Change as shown:

The Defendant visited Retail Park on the 17th March 2017 and stopped in what appeared to be a parent & child bay to collect a passenger and baby from the local restaurant

Le_Kirk

Mumtobe2016 said:

I also forgot to say we have applied for a SAR but have heard nothing yet. 

You will receive the data you requested up to a calendar month after you submitted it; it will be more useful to you at witness statement stage.  If you do not receive it within the time scale immediately submit a complaint to the ICO.

Mumtobe2016

Hi all, just to keep everyone updated - we have sent the defence and received acknowledgment from the solicitors and the courts to say they have received it. Now do we just wait? I haven't heard anything from SAR, it will be one calendar month next week so if I have heard nothing by then will send a complaint. 
Thank you so far for all of your help and support. 

Mumtobe2016

Hi everyone, Today we have received the small claims directions questionnaire from the Court. We have until 24th April to complete and file the form. My husband is talking about paying it off to not deal with the court as he feels we could lose and it will cost us more - would it cost us more if we lost? Thanks

KeithP

Mumtobe2016 said:

Hi everyone, Today we have received the small claims directions questionnaire from the Court. We have until 24th April to complete and file the form. My husband is talking about paying it off to not deal with the court as he feels we could lose and it will cost us more - would it cost us more if we lost? Thanks

No.

At this stage, it will cost you more than if you were to lose at court.

This is because they will have added charges that they are not allowed to add in the hope that you do actually pay up their inflated charges now.

Even if you were to lose at a court hearing it is highly likely that those excessive charges will be scrubbed off the bill.

Anyway... that's enough talk about losing...

Coupon-mad

Mumtobe2016 said:

Hi everyone, Today we have received the small claims directions questionnaire from the Court. We have until 24th April to complete and file the form. My husband is talking about paying it off to not deal with the court as he feels we could lose and it will cost us more - would it cost us more if we lost? Thanks

No.  It would cost less.

Carry on!  DQ stage is easy.

B789

@Mumtobe2016, please tell your husband to stop panicking. As advised above by @Coupon-mad and @KeithP, it will cost MORE to pay it off now than if you were to lose the claim in court. Of all the claims advised on in this forum, 99% are won or discontinued before they ever get to court.

Far too many people are so gullible and naive when it comes to a "court" claim. Many have no idea about the difference between a civil and a criminal court. This is a civil matter and you are just disputing a speculative invoice for an alleged debt over a supposed breach of contract. Please tell your husband to relax and show him that this is winnable and is just a civil dispute.