MCOL Court Claim Defence Help 10 March at 5:11PM in Parking tickets, fines & parking 16 replies 158 views

Sruhtam

My friend waited on double yellow lines at Euro car parts crawley  RH109pl for picking some car parts at the store. He was no more than 15 mins.

There were no signs visible except for a double yellow line.

5 days later he received a PCN  from Prem1er p4rk ltd .

He has since spoken to the council and the police to see if he broke any bylaws as road is not a public road.

I thought that if it was a council / Govt maintained road , the PCN should have been from the council.

Original PCN does not state time he entered and exited the road or how long he was parked there but he thinks it wsnt more than 10-15 min.

He has been back a few times to check out signage and taken pictures.

 

He now has 3 debt recovery letters from debt recovery plus  and a LBC letter from Gl4dst0nes.

All were ignored until the MCOL Claim was received.

MCOL Issue Date is 15 Feb 2023

I adviced him to do AOS which I beleive was done on 24th Feb 2023

Can you please help with the defence

 

Sruhtam

Here are the details of PCN, Reminder , Debt Recovery , LBC and MCOL

drive.google.com/file/d/1MEcyxgig_2iwm6JYVwOBuSpY587JGjj2/

Sorry the forum isnt letting me post links 

Sruhtam

Please suggest a suitable template defence for parking on DYL.
I searched thru the forum and there is no consensus if DYL parking is a breach of contract.  

KeithP

Hello and welcome.

Your link made live...
drive.google.com/file/d/1MEcyxgig_2iwm6JYVwOBuSpY587JGjj2/edit

What is the Issue Date on the County Court Claim Form?

A suitable template Defence can be found from the second post in the NEWBIES thread.

Sruhtam

Thanks Keith , the Issue date is 15th Feb 2023 

KeithP

Sruhtam said:

Thanks Keith , the Issue date is 15th Feb 2023 

With a Claim Issue Date of 15th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 20th March 2023 to file a Defence.

That's a little over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Everywhere I have written 'you' or 'your' I do of course mean the named Defendant. Everything must be done in the name of the named Defendant.

Coupon-mad

Same as this one (below) only he isn't at defence stage yet.

But the advice here will save us having to repeat and again explain the meaning of, and exempt activity allowed on double yellows:
https://forums.moneysavingexpert.com/discussion/comment/79904597#Comment_79904597

Sruhtam

Thanks Coupon-Mad, 

Have gone thru that thread, however my friend is not entirely sure how long he was stopped on the Yellows. Its definitely longer than the person on the other thread.

Can he argue that there was no contract formed because DYLs are only meaningful on public roads not private roads. 
    

Coupon-mad

He knows from their photos how long they captured the car there. Certainly use that argument.

Parking is leaving a car for a period of time.

Sruhtam

Plz review the Defence 

Rest of the points are same as johny

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and the driver of the vehicle.

3.  The defendant was a patron of the Euro Car Parts store to pick up car parts and stopped briefly on the side of the road. The only indication of any parking restrictions in force were the Double Yellow Lines that allow brief stoppages according to their usual meaning.  Also, there are other cars parked and stopped on the road side waiting for the only 3 parking bays available for such a busy outlet. Only upon receiving the claims did the defendant learn that the road was private and the double yellows had a different meaning concocted by the Claimant.  

4. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

Coupon-mad

I don't think that case in 4 helps you.