Court Defence

autome2510

Hi, thank you for all your invaluable help so far which I've found on this forum; I have finished writing my defence for County Court Business Centre and I was wondering if you'd look it over before I submitted it to see if it's acceptable...

Thanks again,

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 22nd June 2022, the defendant parked the vehicle XXXXXXX in the Feethams Leisure Car Park, XXXXXXXXXX while visiting the Vue Cinema nearby. The defendant understood that this car park was a pay and display car park, however, the defendant was unable to purchase a ticket with cash due to the only ticket machine on site being out of order. Following the instructions on the car park sign, the defendant tried to scan a QR code located on the sign via a mobile phone, but the QR code failed to scan. Next the defendant went online to pay but was informed that an account had to be set up; reluctant to set up an account due to the personal information required on the form, the defendant rang the telephone number displayed on the car park sign to pay over the phone. The reply was an automated message advising the defendant that an account was required to be set up in order to pay. The defendant then began the long and complicated process of setting up an account. After numerous prompts regarding errors and having to re-enter details, the defendant eventually reached the tariff section of the form and selected the required amount of time and entered debit card details. The defendant selected ‘pay now’ and was presented with the message ‘your parking will start from now.’ The defendant then went into the cinema to watch the film. Almost four weeks later a parking charge notice arrived. The defendant argues that this charge is grossly unfair as every effort was made to pay for parking and the defendant believed it had been. 

bargepole

autome2510 said:

Hi, thank you for all your invaluable help so far which I've found on this forum; I have finished writing my defence for County Court Business Centre and I was wondering if you'd look it over before I submitted it to see if it's acceptable...

Thanks again,

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 22nd June 2022, the defendant parked the vehicle XXXXXXX in the Feethams Leisure Car Park, XXXXXXXXXX while visiting the Vue Cinema nearby. The defendant understood that this car park was a pay and display car park, however, the defendant was unable to purchase a ticket with cash due to the only ticket machine on site being out of order. Following the instructions on the car park sign, the defendant tried to scan a QR code located on the sign via a mobile phone, but the QR code failed to scan. Next the defendant went online to pay but was informed that an account had to be set up; reluctant to set up an account due to the personal information required on the form, the defendant rang the telephone number displayed on the car park sign to pay over the phone. The reply was an automated message advising the defendant that an account was required to be set up in order to pay. The defendant then began the long and complicated process of setting up an account. After numerous prompts regarding errors and having to re-enter details, the defendant eventually reached the tariff section of the form and selected the required amount of time and entered debit card details. The defendant selected ‘pay now’ and was presented with the message ‘your parking will start from now.’ The defendant then went into the cinema to watch the film. Almost four weeks later a parking charge notice arrived. The defendant argues that this charge is grossly unfair as every effort was made to pay for parking and the defendant believed it had been. 

The defendant argues that this charge is grossly unfair as every effort was made to pay for parking and the defendant believed it had been. 

The Defendant avers that the Claimant has no cause of action in this matter, as the Defendant fully complied with the Claimant's terms and conditions, and paid the relevant tariff for the period of parking. The Court is invited to strike out the claim, using its case management powers pursuant to CPR 3.4, as the Particulars of Claim fail to disclose any real prospect of success.

autome2510

Thank you so much!

Coupon-mad

autome2510 said:

Thank you so much!

Which PPC and which solicitor?

What's the Date of Issue of the claim?

autome2510

The parking company is Excel Parking Services Limited and the Claimant's Legal representative is:
Edmund Shoreman-Lawson.
(I have also had correspondence from Elms legal Services) asking for payment.

autome2510

The claim's date of issue is 20th February...I have already submitted an AOS to the court and I estimate that my deadline date is 23rd March. However, I'm going away soon so I intend to submit this defence tomorrow morning (Fri 10th)

autome2510

Hi Everyone,
Just a quick message to let you know that it was my hearing yesterday (14th Aug) and the judge ruled in my favour. I couldn't have done it without this website and all of your help and encouragement....so thank you, I'm so grateful.

B789

Well done. Any chance you can elaborate on your day in court? On what grounds did you win. Did you get any costs? Which court? Which judge?

Coupon-mad

autome2510 said:

Hi Everyone,
Just a quick message to let you know that it was my hearing yesterday (14th Aug) and the judge ruled in my favour. I couldn't have done it without this website and all of your help and encouragement....so thank you, I'm so grateful.

Hooray!

Please tell us more... what won it?

How did you feel, what did their rep say, etc.?

autome2510

Hello again, it was Durham County Court - I think it was Judge Richardson (sorry can't remember) Excel Parking's representative was a freelance solicitor employed for the hearing. He asked me if I would settle but I refused (for about the fifth time in this process) Anyway, he assured me that my defence (and evidence) was flawed and that I would likely face costs of about £500! He said that there were three parking meters in the car park, not one. At this my heart sank, but I still refused to settle. I told him that I still wanted to put my side of things to the judge and let him decide - so we went in.
The judge outlined the case and asked if I wanted to change anything in my witness statement - I didn't Then he asked the solicitor to explain how I'd broken the contract. The solicitor showed a map of the car park showing three parking meters and lots of signage with helpline numbers. I maintained that there was just one meter when I parked there last June (2022), and that the pictures we were being shown were taken months earlier. I also pointed out that there was no QR code on any of his pictures or a location number. The judge asked if I'd rang the helpline number, but I again stated that there was no helpline number on the sign I saw - the only telephone number was to pay the tariff (which was an automated message to open a car parking account)
The judge then told the solicitor that even if there were three meters, there were alternative ways to pay which I'd obviously tried to do (QR code, online etc) and after looking at the message 'your car parking time starts now' on my phone he asked if the solicitor had anything more to add before summing up. The solicitor asked me if I'd checked with my bank to see if the money had been taken out of my account. I replied that I had not, then he remarked to the judge that a sensible person would have checked his/her online banking to see if the funds had been debited. At this point I asked the judge if I could respond to that comment, but the judge said "You don't need to." I think it was then that I knew it was going to go my way.
The judge went through everything - he again reminded us that the 'non payment of the tariff' was not being disputed, but rather me believing I'd paid. He was satisfied that I believed I had in fact paid and that I'd followed all instructions on the sign that the solicitor had no picture of. And he suggested that the third party software should be looked at to simplify the process for motorists to pay for parking more easily. He then dismissed the claim. I was over the moon! I thanked the judge, asked if I could be excused and said goodbye. The solicitor did not look at me or respond to my goodbye.
That's the 'gist' of it, hope it makes sense. 

Coupon-mad

Wow well done!

ANOTHER EXCEL ONE BITES THE DUST!

This was a cruel lie:

He asked me if I would settle... Anyway, he assured me that my defence (and evidence) was flawed and that I would likely face costs of about £500!

That's a horrific lie.  They get away with murder.  You were not risking costs.