CIVIL ENFORCEMENT - County Court Claim

Le_Kirk

frazzg said:

Coupon-mad said:

No pictures or evidence is attached yet.

I should of have been more clear and specifically said in the WS other than saying 'Thinking ahead a bit' in my previous post, apologies. I've read it numerous times don't worry     

When you do write your defence and, later your witness statement, be aware of silly grammatical errors like this one.

frazzg

This is my defence written up. Any advice chops, changes, anything to expand on at all etc is very much appreciated. 

I am struggling with family issues and finances at the moment so really need to do all I can to get out of this so anything else I can add that will really support me would be great, thanks in advance

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3. The Defendant stopped his car in the car park of St John’s Church of Ashley Road, Poole on the 16th February 2022 from the time of approximately 20:00 hours till approximately 23:15 hours on the same day. The Church was closed at the time with The Defendant unable to remember any other cars being in the car park. 

3.1 The Defendant suffers from a severe Colitis disease which significantly impairs the defendant's ability to function in daily life. This is reflected as The Defendant holds a valid blue badge, showing the debilitating nature of the medical condition. On the date in question, The Defendant was driving and encountered a particularly extreme flare-up of said Colitis, causing intense pain as well as overwhelming fatigue and rendering The Defendant incapable of driving any further.

3.2 Considering The Defendant's deteriorating medical condition and the necessity to ensure my safety and the safety of others on the road, I had no alternative but to find a safe location to stop temporarily, in this case, the car park of St John’s Church. The decision to park at this location was based on the assumption that it would provide a safe and unobtrusive location for a brief rest while The Defendant managed their medical emergency. The defendant was in no condition to drive, making it unsafe for them to leave the car during the extended period of parking. The Defendant unintentionally fell asleep for a brief time inside the vehicle due to exhaustion.

3.3 Lack of Clarity and Legibility of Signage. The signage within the church car park was inadequately lit, making it very challenging to read the terms and conditions imposed by Civil Enforcement Ltd.

3.4 The entrance sign, being white and dark blue including the small blue text on it, was not easily discernible in the dim lighting conditions present at the time of parking. Moreover, the signs inside the church premises, which were supposed to provide relevant information and permit registration procedures, were highly illegible from the defendant's vehicle.

3.5 The defendant's medical condition prevented them from leaving the vehicle due to the pain and entering the church to seek further clarity on the parking rules, or registering some kind of permit if necessary, wasn’t possible due to the medical condition as well as the Church being closed. 

3.6  Inaccessible Appeals Process. Following receipt of the notice via letter, The Defendant attempted to make a valid appeal through Civil Enforcement's website as directed. However, despite multiple attempts, the defendant was unable to submit the appeal due to technical issues with their online platform. When The Defendant researched the company, they were shocked to find several breaches of the British Parking Association’s code of practice and terrible reviews from other motorist victims, numerous ones specifically referencing how Civil Enforcement’s appeal process does not work. 

3.7 Regrettably, The Defendant found Civil Enforcement does not offer any visible alternative method of appeal or direct communication, such as a contact number or monitored email address, to address appeal issues or offer assistance to individuals facing technical challenges. The Defendant was also unable to begin contact to request a Subject Access Request. 

3.8 Correspondence with St John’s Church and Civil Enforcement.  In an effort to resolve the matter, the defendant communicated with St John’s Church via email on 21 July 2023; specifically Vicar David Price, who, as the customer contact of Civil Enforcement, demonstrated a positive understanding of The Defendant's situation and shared a willingness to cancel the invoice. However, after Vicar David Price contacted Civil Enforcement, he then forwarded the email response he’d received from them to The Defendant which cited that a CCJ had been obtained (which it has not) and the case was already at court so could not be cancelled. The email also suggested that The Defendant may contact Civil Enforcement’s legal team for advice but supplied a telephone number that only connects to an automated payment line with no such legal team to speak to. 

frazzg

Le_Kirk said:

frazzg said:

Coupon-mad said:

No pictures or evidence is attached yet.

I should of have been more clear and specifically said in the WS other than saying 'Thinking ahead a bit' in my previous post, apologies. I've read it numerous times don't worry     

When you do write your defence and, later your witness statement, be aware of silly grammatical errors like this one.

Thanks, I treat writing a defence for court differently to a comment on a forum post so shouldn't be a problem

Coupon-mad

I think that's a bit long - save the detail for WS stage.  And some changes here:

... the Defendant had no alternative but to find a safe location to stop temporarily, in this case, the car park of St John’s Church. The decision to park at this location was based on the honest belief that a church is a place of sanctuary and that it would provide

Le_Kirk

When you do rewrite it as a short, punchy defence, remember that it is written in the Third Person, therefore no "I", "me" or "my".

YankeeBrit

Also, you are only defending against the allegations in the PoC. Don't give them anything that isn't relevant to the PoC. Your defence need only be a short precis of the event on the day it happened. The War & Peace saga should wait until you do your WS.