Struggling with templates for defence of claim for parking in a disabled space

jordylass

This was within a barrier controlled car park, so you have to pay the ticket to leave the car park. 
I've followed the newbie thread and filed the AOS, but I can't see how to write the defence when the PCN is parking in a disabled space without a blue badge. 
I'd appreciate any guidance. 

Umkomaas

What were the circumstances in the using of a disabled bay without displaying a blue badge?  Do you have a BB?

jordylass

I do not have a blue badge, I am gluten intolerant and had mistakenly eaten something with gluten in, and wanted to get into my apartment as quickly as possible. There were no other spaces available.

Umkomaas

Can you tell us who the parking firm is and which solicitors are representing them?

What is the Date of Issue shown on the County Court Claim Form, and on what date did you fike your AOS please?

jordylass

UK Parking Control DCB Legal
25/05/2022 I filed AOS today

Coupon-mad

OK so you don't talk about the disabled space because the Particulars of Claim don't.  There is no allegation to admit or deny.

Just use the defence by @Johny86

For para 2 admit to driving.

For para 3 write some stuff about being a resident and not breaching any terms of your lease and having an entitlement to park (see the example residential defence wording in the NEWBIES thread but ONLY to grab some words from about residential cases, NOT to use as your defence).

Use Johny86's as your base.

Read the Template Defence thread.

What's the Claim Form Date of Issue (top right)?

Umkomaas

As this is a UKPC/DCB Legal combo, have a read of the following thread. It's not a reason to be complacent, you must go through each phase and on time, but there is definitely lots of light at the end of this tunnel for you. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1 

KeithP

Umkomaas said:

What is the Date of Issue shown on the County Court Claim Form, and on what date did you fike your AOS please?

jordylass said:

25/05/2022 I filed AOS today

With a Claim Issue Date of 25th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 27th June 2023 to file your Defence.

That's over three 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 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'.

jordylass

Thanks, I'd followed the guides up to this point, but as I had paid for my parking space I got a bit confused, but as their claim is that I was in breach of the terms on their signs, I will adapt the above defences accordingly.

DE_612183

Is the parking space in question part of your residence ( ie flats etc ) or is it just private road parking for say a retail site?

jordylass

it is the car park under our block of flats, but anyone can use it as PAYG, residents get a discount on monthly use