Defence help needed please! - County Court Claim Form from Gladstones Solicitors

KevinTurvey

Ok - thanks for the advice @KeithP.

Anyone have any anecdotal thoughts on whether my reason for overstaying might be looked upon sympathetically? . . in your experience, is there fair chance of me winning with this kind of 'defence'? . . or having some kind of positive outcome? . . . anyone? . . . anyone? . . . Bueller ??

 

I hereby commit to including 80's film/TV references in each subsequent post! - thanks all for your timely advice and interest, this is a great forum! 

Coupon-mad

KevinTurvey said:

I received a PCN several weeks ago for an 18 minute overstay in a private car park.

Paid my parking fee on a pay/display machine that sat 'Connecting to Server' for a full 8 minutes before issuing the ticket, which made me late for an appointment, which compounded with other hold-ups in town, which meant I returned to my car later than the ticket allowed.

That's a decent point to include in the facts (paragraph 2) that you will be adding to the template.  A sound point of defence - frustration of contract - their machine caused the delay in the parking contract actually commencing.

Who is the Claimant parking firm?


"I hereby commit to including 80's film/TV references in each subsequent post!" 

We'll hold you to that, LOL! 

KevinTurvey

Ok - thanks.

Parking firm in 'Minster Baywatch Ltd.' - have not seen their name mentioned on here prolifically.

Sadly (but also in the spirit of continuing the 80's TV references), I doubt Pamela Anderson has anything to do with them! 

Umkomaas

With any Minster Baywatch case, the on-site signage often shows the name Bransby Wilson. If that's the case, the driver's contract is with BW and MB have no locus to be issuing PCNs let alone court proceedings. There is a business tie-up between the two organisations, but that doesn't get around the plain fact that MB cannot pursue this. 

Check the signage!

Coupon-mad

KevinTurvey said:

Ok - thanks.

Parking firm in 'Minster Baywatch Ltd.' - have not seen their name mentioned on here prolifically.

Sadly (but also in the spirit of continuing the 80's TV references), I doubt Pamela Anderson has anything to do with them! 

Then read the thread by @SJRRJS which I think is perfect for you to copy & adapt his stages.

You are doing swimmingly...!

KevinTurvey

Thanks @Umkomaas and again @Coupon-mad.

I will be out StreetHawk-ing tomorrow (sorry, tenuous!) taking pics of signage etc. and will be taking special care to look for anything related to 'Bransby Wilson'. If that's indeed what I find, should I add that to my defence, or write separately to Minster Baywatch suggesting that they have no jurisdiction? - Will also check the @SJRRJS thread now!

Coupon-mad

Search the forum for Bransby Wilson as we did have one at court stage very recently (change the search to NEWEST instead of 'best match'). 

KevinTurvey

Hi again,

Thanks @Coupon-mad - will read through that thread.

I have been out and taken some pics of the car park today . . . as @Umkomaas predicted the signage around the place is mostly suggesting that the car park is managed by Bransby Wilson. No mention of Minster Baywatch (the Claimant on the Claim Form) on any of these signs. There are however smaller, more obscurable signs (ie. cars parked in-front of them make them hard to see) mentioning Minster Baywatch as the manager of the site. No mention of Bransby Wilson on these signs. 

I was reticent to attach the images here in-case that provides too much information for anyone snooping, but can do so if y'all think it is required/no risk to anything?

So then . . . what to do?

Does this management company 'conflict' become part of my defence?
What terms and wording is likely to be most effective here?
Should I write to somebody immediately and highlight this discrepancy?

Thanks in advance as always! 

KevinTurvey

Anyone have anything to suggest to the points above?

Coupon-mad

All your questions are answered by searching the forum, as I suggested, and copying a similar defence from 2022.