dcblegal Ltd Letter of claim on behalf of Cp plus/ group nexus 13 January at 4:18AM in Parking tickets, fines & parking 51 replies 765 views

Sk7diver

Please do correct me if i'm mistaken:

Defence and WS are not one and the same thing?

Boat_to_Bolivia

Sk7diver said:

Please do correct me if i'm mistaken:

Defence and WS are not one and the same thing?

Correct.

Defence in the third person which your subsequent WS will back up in the first person.

Not_A_Hope

Correct. Your defence provides the legal argument you will rely on and for the claimants to consider whether they wish to proceed (they always do). You need to provide a detailed WS and evidence prior to any actual court hearing.

Sk7diver

Not_A_Hope said:

Looks fine. A few suggestions:-

3. On the xx/xx/xxxx, the defendant travelled from Basingstoke to Preston, to visit family members. Feeling tired, approaching Moto Hilton Park North, the defendant decided to stop for some rest, use of the restroom and purchase refreshments. The defendant denies having remained at the above mentioned premises for the mentioned free period of two hours, let alone the three hours and forty minutes claimed. The defendant then proceededs towards Preston, having lunch with family members, making it impossible for the defendant to be in two places at the same time. Therefore, the defendant demands documentary evidence of ANPR maintenance and calibration.

4. 3.a) Upon further investigation, the defendant finds, the signs are not at all prominently displayed throughout the site in question, and one could argue, they are so faintly disguised all round, it makes it very difficult to differentiate them from the prominently displayed bombardment of publicity.

You may wish to elaborate a little on your statement ‘making it impossible for the defendant to be in two places at the same time’ or aver perhaps at the alleged exit time you were having lunch with family in Preston.

No doubt in your WS you can include more detail for the judge to consider such as :-   What time did you leave Basingstoke? Does the travel time correspond with your alleged entry time to the Moto site? Did you sleep at all in the car park? How long should it take to travel from Hilton Park to Preston. Approximately what time did you arrive at your family members for lunch. How does this compare with the alleged exit time. 

Hi Not a Hope, and thanks for your help!

The reason why i didn't add precise times, is because it's been so long, i can only estimate, and have no means to prove it! So challenging maintenance and calibration of the cameras may bring clarification!- any thoughts?

Sk7diver

Not_A_Hope said:

Looks fine. A few suggestions:-

3. On the xx/xx/xxxx, the defendant travelled from Basingstoke to Preston, to visit family members. Feeling tired, approaching Moto Hilton Park North, the defendant decided to stop for some rest, use of the restroom and purchase refreshments. The defendant denies having remained at the above mentioned premises for the mentioned free period of two hours, let alone the three hours and forty minutes claimed. The defendant then proceededs towards Preston, having lunch with family members, making it impossible for the defendant to be in two places at the same time. Therefore, the defendant demands documentary evidence of ANPR maintenance and calibration.

4. 3.a) Upon further investigation, the defendant finds, the signs are not at all prominently displayed throughout the site in question, and one could argue, they are so faintly disguised all round, it makes it very difficult to differentiate them from the prominently displayed bombardment of publicity.

You may wish to elaborate a little on your statement ‘making it impossible for the defendant to be in two places at the same time’ or aver perhaps at the alleged exit time you were having lunch with family in Preston.

No doubt in your WS you can include more detail for the judge to consider such as :-   What time did you leave Basingstoke? Does the travel time correspond with your alleged entry time to the Moto site? Did you sleep at all in the car park? How long should it take to travel from Hilton Park to Preston. Approximately what time did you arrive at your family members for lunch. How does this compare with the alleged exit time. 

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. On the 29/12/2018, the defendant travelled from Basingstoke to Preston, to visit family members. Feeling tired, approaching Moto Hilton Park North, the defendant decided to stop for some rest, use the restroom and purchase refreshments. The defendant denies having remained at the above mentioned premises for the mentioned free period of two hours, let alone the three hours and forty minutes claimed (the defendant left Basingstoke circa 6am, should have been at Moto Hilton Park North no later than 8.30am, and was in Preston before 12pm). The defendant then proceeded towards Preston, having lunch with family members, making it impossible for the defendant to be in two places at the same time. Therefore, the defendant demands documentary evidence of ANPR maintenance and calibration.

4. Upon further investigation, the defendant finds, the signs are not at all prominently displayed throughout the site in question, and one could argue, they are so faintly disguised all round, it makes it very difficult to differentiate them from the prominently displayed bombardment of publicity.

Not_A_Hope

Introducing the timeline in brackets and then stating the defendant proceeded towards Preston doesn’t quite work. Perhaps you could rework those sentences

The County Court works on the principle of balance of probabilities. If there is doubt and no evidence that the cameras were maintained, calibrated or synchronised and you can demonstrate you had most likely left and were having lunch elsewhere most judges would find in your favour. Those family members may remember approx what time you arrived and be prepared to provide their own WS.

It is known ANPR is not fit for purpose and it is use is banned in council car parks.

However it is not your only point of defence. Most cases are decided on the lack of adequate signage that means you did not enter into the contract they allege you broke. And of course you will have all the other points in the template defence to support your case.

Coupon-mad

I don't understand why you are suggesting the car "wasn't there that long."

If the ANPR in/out shows over three hours then the car was there over 3 hours (at the very most the 2 cameras would only be a minute out, not over an hour) so to suggest it was not even 2 hours looks like clutching at straws.

Double check their photos.

They haven't shown you on the way to Preston on your first journey up, and then on the other side of the road (at the same services) on your return the next day, have they?

THAT is possible...two different days?

Conversely, what you are saying is not a winning defence.

On the balance of probabilities, if both photos were dated the same day and the system was working properly (not incorrectly set, which is rare) then your car was there for the time shown.

If you have not previously said who was driving at any point, you could hedge your bets and just copy the keeper defence and "it is non-POFA" argument in a CP Plus defence from 2021, when we had hundreds. 

Sk7diver

Coupon-mad said:

I don't understand why you are suggesting the car "wasn't there that long."

If the ANPR in/out shows over three hours then the car was there over 3 hours (at the very most the 2 cameras would only be a minute out, not over an hour) so to suggest it was not even 2 hours looks like clutching at straws.

Double check their photos.

They haven't shown you on the way to Preston on your first journey up, and then on the other side of the road (at the same services) on your return the next day, have they?

THAT is possible...two different days?

Conversely, what you are saying is not a winning defence.

On the balance of probabilities, if both photos were dated the same day and the system was working properly (not incorrectly set, which is rare) then your car was there for the time shown.

If you have not previously said who was driving at any point, you could hedge your bets and just copy the keeper defence and "it is non-POFA" argument in a CP Plus defence from 2021, when we had hundreds. 

Hi Coupon Mad and thanks for your input.

It is known by all parties who was driving.

The missus was driving on her own, so i'm only going with what she tells me. Knowing her myself, i very much doubt she'd be there all that time, as she can't stay put for 5 minutes. There is the possibility that she may have had a meeting with the postman or the likes, otherwise, no way Jose.

So the question begs: Do i scrap that point, ignoring what she is telling me as far as timings go?
 

Coupon-mad

Yes.  It is a pointless point!  Straw-clutching in the extreme.

Are both images from the same day?

Sk7diver

Both images are stated as being on the same day.

Sent the defence without that point, Copied DCBLtd on it. Going to sit tight and prepare WS for as and when.

Many thanks Coupon Mad!