Appeal CCBC - Wrong car reg

Coupon-mad

blueagle said:

I have edited the template and put together my defence.
I have the invoice from Justpark app which I'll add with this defence. Kindly review and let me know if I should add/edit anything in it.

• Mitigating circumstances

There are mitigating circumstances to explain why I parked where I did so I am requesting that the fine be waived for this reason. Please see attached evidence, I had paid for the parking with JustPark app. Instead of selecting Honda CR-V, I selected my other car which was Honda Accord. As you can see from the attached JustPark invoice, I had paid for the duration of my stay at this car park. I have 3 young kids and I had taken them out for a walk so I hope you can appreciate it was an easy mistake to make which didn’t cost the parking company any lost of revenue because they got paid for the duration of my stay. Please accept this evidence and circumstances as proof of my appeal.

That is not a defence.

It looks like you've been reading the (sadly awful) MSE 'Guide to Fighting Parking Tickets'.

Nonono.  You do not write about mitigating circumstances in a court defence!   Bin it.

You have found the pinned Template Defence thread (an Announcement at the top of the parking forum) yes?  You haven't been reading about how to appeal, by mistake?  It reads as if you think this is an appeal.

You don't attach evidence to a defence.

If you are unsure what people usually write for their paragraph 3 (to add to the Template Defence) just read a dozen claim threads on page one of this forum and see!

blueagle

I've prepared this defence. Could I request to kindly read it and let me know if I need to add/amend anything in it.

MY ADDRESS

DATE

CLAIMANT DETAILS

Parking ticket number: XXXXXX

Vehicle registration number: XXXXXX

BETWEEN:

COUNTRWIDE PARKING

MANAGEMENT LIMITED

71-75 SHELTON STREET

LONDON

WC2H 9JQ

-and-

DEFENDANT DETAILS

Dear Sir or Madam,

1. I am XXXXXX of XXXXXX. Defendant and the driver of the vehicle in this matter. I will say as follows :

2. On 12 December 2020, I visited the Eaton Doney West car park as the driver of a vehicle bearing the registration XXXXXX. I paid for a ticket using JustPark app.

3. The registered keeper of the vehicle received a Parking Charge Notice XXXXXX (issue date: XXXXXX) from the Claimant, demanding the payment of £100, which would be reduced to £60 if paid within 14 days. Through the website provided by Claimant, I submitted an appeal on the 22nd of December 2020. In my appeal I had provided the proof in the form of JustPark invoice which showed, I had paid for the parking for the day and duration I was parked in the car park. At the time of this incident, I had 2 cars and both were Hondas. I had both cars registered on my JustPark app. Instead of selecting the Honda CR-V which I was driving at the time, I selected Honda Accord. Considering that I was visiting the Dorney Lake with my 3 young kids, it was an easy mistake to make.

5. The Claimant responded, rejected my appeal and advised me to pay the fine. But they never provided the evidence if the other vehicle, Honda Accord was also at the site.

7. In regards to my statement:
7.1 I have provided proof in the form of JustPark invoice of the VRN entered which could easily be crossed verified with JustPark app.

8. I submit to the court that I have made an honest attempt to pay for the space that I occupied on the date in question and made a simple and genuine error with the VRN entry. I submit that I have proven my intention to fulfil the requirements of the car park terms and conditions, by paying the money due and in no way have I deprived the Claimant financially.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

KeithP

On 17 January at 9:43PM I wrote on your thread...

KeithP said:

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

The suggested Defence that you have just shown us looks nothing like the the template you were directed towards.

It will be rejected for no other reason than your Statement of Truth is not compliant -- and even that states Witness Statement rather than Defence.

1505grandad

Also make sure when you complete the correct template that the name of the claimant is spelt correctly.

Coupon-mad

What you've written is a witness statement.

The Template Defence is on this forum to stop people doing this by mistake and this is why we signpost people to one place.