County Court Business Centre Claim

member2090

KeithP said:

member2090 said:

County Court issue date 16/05/2023

With a Claim Issue Date of 16th May, you have until Monday 5th June to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th June 2023 to file your Defence.

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

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Hello Keithp,

I done the AOS yesterday now I have been thinking on what to use as a defence tbh as my situation is I never came out the car windows was open and I was only there to pick up someone and never even parked in a bay I was just on the road at the end of it which is a deadend.. in their pictures you can not see any signs Infront of me there is only one on the right of me which was like 3 car lengths away from me and high up with small writing.
My friend has a bay for their car. I mean surely you can drive into this road and pick up someone without getting a ticket? What if the person was old and vulnerable and had to be picked up so he's entitled to a ticket everytime? It don't make sense to me. 

I have pictures of the site and the ones they took, If anyone could help me put a defence together please I can even pay the person if wanted no problem I'd rather give someone money to fight these clowns than give it to them. 

Thanks for all the help! 

Le_Kirk

member2090 said:

I done did the AOS yesterday now I have been thinking on what to use as a defence tbh as my situation is I never came out the car windows was open and I was only there to pick up someone and never even parked in a bay I was just on the road at the end of it which is a deadend.. in their pictures you can not see any signs Infront of me there is only one on the right of me which was like 3 car lengths away from me and high up with small writing.
My friend has a bay for their car. I mean surely you can drive into this road and pick up someone without getting a ticket? What if the person was old and vulnerable and had to be picked up so he's entitled to a ticket everytime? It don't make sense to me. 

Waiting is not parking and loading/unloading is not parking (depends how long you were waiting and/or loading/unloading.  That is irrelevant but see this: -
https://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html
and : -
Jopson v Homeguard [2016] B9GF0A9E

B789

You were parked on private land. The landowner can put signs up saying that if you're observed picking your nose you will get a ticket. It is what it is and has given birth to one of the biggest scams in history.

Just read the Newbies/FAQ thread, the second post which tells you what to do. Also, use the Template defence thread for your defence. Nothing else to do.

I'll do it for you for £500... cheap at half the price or you could just do what everyone else on here does, follow the free advice and do it yourself. Don't be a fool with your money.

member2090

Hello, Hope everyone is enjoying the weather!

@keithp would you advise me pls if this is on the right track.

I did write the events myself but got ChatGPT to edit and fix it up.

[Your Name], the defendant, was the driver at the time and had been at Silverworks to pick up a relative who resides at Gladstone House. Upon arrival at the reported location, I stopped on a dead end road, which had no visible lines on the floor or any signs in front or on the side of the vehicle indicating parking restrictions. The only sign present was for the parking bays located to the far right, and I was not parked within those designated bays.

It is important to note that I did not turn off the engine or exit the vehicle during my brief stop. The windows and sunroof were visibly open, indicating that the intention was not to park but rather to wait momentarily to pick up my relative.

Furthermore, I would like to emphasize that my presence at the location was exceedingly brief. According to the pictures provided by PCM Parking Control Management, the entire duration from the start to the finish was merely seven minutes. It is crucial to highlight that I was not present at the location for longer than ten minutes.

Considering the layout of the area, it was evident that the dead end road was primarily used by residents who had their own parking bays. It is common knowledge that residents do not park their vehicles directly on the road itself. Therefore, it was reasonable for me to assume that waiting momentarily at the end of the road to pick up a resident was permissible.

It is worth mentioning that during my entire time there, I did not encounter any parking warden who approached or confronted me in any way. The absence of any interaction with the alleged warden raises concerns regarding the methods employed by the parking management company. Taking photos from behind vehicles without providing any prior warning or engaging in direct communication with drivers seems questionable at best.

In light of the circumstances, I firmly believe that this parking charge notice is unjust and can be regarded as an attempt to deceive and exploit unsuspecting individuals. Unlike parking wardens employed by local councils, who typically approach drivers and inform them to move on if they are not permitted to stop or park, the alleged warden in this case resorted to capturing photos from behind vehicles without any warning or opportunity for drivers to rectify the situation.

Based on the above facts, I dispute the validity of the parking charge notice issued by [PCM Parking Control Management]. I request that the court thoroughly evaluates the evidence and dismisses this claim, as it lacks merit and is fundamentally flawed.

Coupon-mad

There is no "me, myself, my or I" in a defence.

I dislike 'bot-written' stuff!

Certainly remove everything after the word 'Considering'.  And just checking...you are using our 27 paragraph template defence, as the NEWBIES thread signposts you to?

You only have to write paragraph 3 of the defence!

member2090

Coupon-mad said:

There is no "me, myself, my or I" in a defence.

I dislike 'bot-written' stuff!

Certainly remove everything after the word 'Considering'.  And just checking...you are using our 27 paragraph template defence, as the NEWBIES thread signposts you to?

You only have to write paragraph 3 of the defence!

The defendant acknowledges being present at Silverworks to pick up a relative residing at Gladstone House. Upon arrival, a brief stop was made on a dead end road, which had no visible lines or signs indicating parking restrictions. The intention was solely to pick up the relative, and no parking occurred.

During this short stop, the vehicle's engine remained running, and there was no exit from the vehicle. The windows and sunroof were visibly open. It is important to note that the presence at the location was for a maximum of ten minutes.

Considering the context and the layout of the area, which primarily caters to residents with their own designated parking bays, it was reasonable to assume that a momentary stop at the end of the road to pick up the relative was permissible.

No interaction took place with any parking warden during the time spent there. The methods employed by the parking management company, such as capturing photos from behind vehicles without any prior warning or direct communication with drivers, raise concerns.

Based on these facts, the defendant firmly disputes the validity of the parking charge notice issued by [PCM Parking Control Management]. It is requested that the court thoroughly evaluates the evidence and dismisses this claim, as the presence was solely for the purpose of picking up a resident and not for parking.

why do you say remove everything after considering?

I am using the template I will make this part paragraph 3 on the template.

B789

Your defence looks more like a Witness Statement. No need for War & Peace. Just a couple of paragraphs should be added as per the template defence. Your defence is answering what is in the PoC. Don't give the claimant more information than they are claiming.

Every paragraph should be numbered sequentially with an integer.

You will expand on everything in your defence later when it comes to WS time.

Coupon-mad

why do you say remove everything after considering?

Because none if it is a defence. That part onwards reads like a weak narrative 'appeal' written by a bot.  In short, it is too many paragraphs and adds nothing useful.

member2090

Thank you for all the replies.
I have amended it with out bots and to much information I hope this is ok. 

The defendant and driver, went to Silverworks to pick up someone who is a resident at Gladstone House NW9  (resident’s name: (****) on November 13 2022.

The driver waited in the car for (put in how many minutes you waited) on a dead end road with no street markings or parking signage nearby. The only parking signage was at the very end of the road, not visible to anyone especially if a driver doesnt’t leave the car because they are not parked.

The driver did not leave the car, and the engine was on the whole time.

The one picture used as evidence from the claimant was taken from the back of the car, where it can be clearly seen that the sun roof and windows were open, since the driver never parked or left the vehicle.

The parking warden did not make himself known to the driver, nor did he take any pictures from other angles. It is obvious the parking warden did not photograph the car from any other angle as it would have been obvious that the car was not parked.

This fine should not be issued to anyone who did not park in the restricted area. 

Coupon-mad

It's not a warden and it's not a fine.

So remove the last 2 paragraphs and the rest looks good now as your paragraph 3.

DO NOT put in how many minutes you waited!