Defence for County Court Claim where you have evidenced of purchased ticket

greenmars

Good evening,

Thanks for all of your help so far. I have looked at other defences on the forum.

This is my first draft:

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

The facts as known to the Defendant:

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

3. It is denied that the Defendant was in breach of any parking conditions or was not permitted to park. The Defendant maintains that there was an absolute entitlement to park as payment was made to the Claimant.

4. The Defendant was a permit holder of the car park and had regularly used the mobile phone parking app. On the date of the PCN issue, a payment of £1.40 was made via a mobile phone parking app. This can be evidenced with a VAT receipt.

5. The Defendant maintains that the mobile phone parking app was advertised on a sign in the car park as a valid payment method. The sign also states ‘no need to display a ticket’. The Defendant had no reason to believe that there was no valid payment for parking at the time the PCN was issued.

6. The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for adapting some pre-written wording from a reliable advice resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence. 

Rest of Defence Template 

The PCN was issued 2 hours before the time on my purchased ticket... do I need to add anything to the defence about the parking app being slow? Or any further information about the faultiness of the app or shall I leave this for the WS?As they may argue that I purchased the ticket after the PCN was issued.

From what I remember, the app was slow to use but always seemed to go through in the end. 

I am grateful for any advice.

 TIA

Mouse007

greenmars said:

The PCN was issued 2 hours before the time on my purchased ticket... do I need to add anything to the defence about the parking app being slow? Or any further information about the faultiness of the app or shall I leave this for the WS?As they may argue that I purchased the ticket after the PCN was issued.

From what I remember, the app was slow to use but always seemed to go through in the end.

I think the Defence is fine, you can go into the timing issue/question in your Witness Statement. You may however like to state what your usual modus operandi was on entering the car park. I parked, I paid (there and then) and left to do my buisness (in that order) for example. Not sure exactly what the Latin for I parked, I paid, I left would be but no doubt some bright spark will tells us soon enough.

Le_Kirk

Are you defending as Keeper but not Driver or as Keeper and Driver?  Your paragraph #2 needs to make it clear.  If you do use the words of @Mouse007, it needs to be in the third person in the defence and first person in the witness statement.

Umkomaas

Not sure exactly what the Latin for I parked, I paid, I left would be but no doubt some bright spark will tells us soon enough.

ortus sum, exivi, discessi

You don't need to be a 'bright spark' to use Google Translate. 😄🤓

https://translate.google.co.uk/?sl=en&tl=la&text=I%20parked%2C%20I%20paid%2C%20I%20left%20&op=translate&hl=en-gb

greenmars

Update 28/03/23
Defence claim submitted on 31/01/23

No further instructions from court. 

DCB legal have sent letter with form attached advising they intend to proceed with claim “in anticipation”

Le_Kirk

You could check your status on MCOL to see if CCBC has received the claimant's "we will proceed" instructions and, if so, your DQ - N180 will come from CCBC in short order.

greenmars

Hi all,

I have received a letter with the court date last week.

I had a voicemail from DCB legal asking me to call them back? 

Any advice?

B789

greenmars said:

Hi all,

I have received a letter with the court date last week.

I had a voicemail from DCB legal asking me to call them back? 

Any advice?

Don't. You're nearly at the finish line.

Coupon-mad

greenmars said:

Hi all,

I have received a letter with the court date last week.

I had a voicemail from DCB legal asking me to call them back? 

Any advice?

You know from reading other DCBLegal threads what this signals.

Boat_to_Bolivia

Coupon-mad said:

greenmars said:

Hi all,

I have received a letter with the court date last week.

I had a voicemail from DCB legal asking me to call them back? 

Any advice?

You know from reading other DCBLegal threads what this signals.

I'm sure @Umkomaas is poised and ready to update his thread ...

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p32