Claim form for car parking charges 27 February at 1:17PM edited 27 February at 2:01PM in Parking tickets, fines & parking 13 replies 119 views

baz417

Hi, I am a newbie here, I have received a claim form 3-4 days back. Stupidly I have already sent a defence last night ( as opposing to acknowledging suggested here) as I have found this forum now .
I have stated as below in defence 
I have bought the ticket on the day in question so the company have no rightful claim against me. The copy of the ticket can be provided as a evidence. 

Please note that I have the original car parking ticket  at home but could not sent them yesterday as no attachment option was available. 

Did I mess up the case? 

What step should I follow from this points onwards or how to rectify this mistake? 
I have read the information on this forum but not sure about what should I do now, I am confused.

Should I fill the defence form they sent and sent them to court and solicitors with evidence ( car parking tickets)

Kindly see the claim form attached. 

Please suggest. Thanks very much in advance. 

(Image removed by Forum Team)

1505grandad

You have left claim no. and password - take down asap.

Coupon-mad

I am sorry but that is a weak defence. I've no idea why people do that them come here later, when there was plenty of time.  Nothing you can do about that now except improve on it with your Witness Statement later.

KeithP

That won't matter too much Grandad - the OP tells us...

baz417 said:

I have already sent a defence last night ( as opposing to acknowledging suggested here)...

 

baz417

Coupon-mad said:

I am sorry but that is a weak defence. I've no idea why people do that them come here later, when there was plenty of time.  Nothing you can do about that now except improve on it with your Witness Statement later.

My apologies, its a genuine mistake on my part. May I ask how to prepare for witness statement later?
Can I submit my defence again? Or send the copy of the ticket to solicitor and court via email? 

baz417

IN THE COUNTY COURT

Claim No.: xxxxxx

Between

Full name of parking firm Ltd, not the solicitor!

(Claimant) 

- and -  

Defendant’s name from N1 claim (can’t be changed to driver now)                        

 (Defendant)

_________________

DEFENCE

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.

 Driver Name..........

3. The Defendant has bought the ticket on the day in question, the ticket was bought from the car parking machine and was displayed on the windscreen of the car at all the time, therefore the company have no rightful claim against the Defendant. The copy of the ticket is enclosed in the attachment as an evidence  ( email )



Paragraph 4 is unchanged and suited to all cases so will simply add it here.

Is there anything should I add in the defence. Please suggest.
 

baz417

Above is the draft of the defence followings the guideline from the forum. Please suggest if more to be added or changed in  any way. Thanks in advance . 

Coupon-mad

You can't do this.  I already said there's nothing you can do and can't change your defence.  You rushed it and are stuck with what you put.

WS and evidence stage is of course fully explained in the second post of the NEWBIES thread (no link needed) and I did tell you in my reply that WS and evidence comes 'later'.

Go read the NEWBIES thread!

baz417

Do I have to type the defence draft on separate piece of paper, scan it , save it as pdf and send it via email to the court and solicitors ?
Am I understanding it correctly?
Thanks

baz417

Coupon-mad said:

You can't do this.  I already said there's nothing you can do and can't change your defence.  You rushed it and are stuck with what you put.

WS and evidence stage is of course fully explained in the second post of the NEWBIES thread (no link needed) and I did tell you in my reply that WS and evidence comes 'later'.

Go read the NEWBIES thread!

Thanks very much for the reply, I am just overwhelmed with all this, is there any benefit  now to contact the solicitor or car parking company to send the evidence  ( ticket ) and ask them not to proceed further since they have no case as ticket was bought on the day jn question, just a thought from my end.

Coupon-mad

No benefit whatsoever.

And no scanned pieces of paper. But you can't send a second defence.  If you had come here first, you WOULD HAVE copied & pasted the template defence into a Word doc...

BUT you've already submitted your defence and are stuck with it. I really wish you hadn't but we are where we are. 

Please read the NEWBIES thread to see what happens when.