Claim form recieved

dmw959

I received a claim form (dated the 04 AUG 2023) for a parking charge from a site managed by Elite Car Parking Management. I have submitted the acknowledgment of service and am just writing up my defence which im going to submit in the next couple of days. The background behind this charge is the same as this one:

 (https://forums.moneysavingexpert.com/discussion/6456560/claims-form-received-unsure-of-next-steps-to-take#latest)

The latest claims form received is exactly the same, i picked the wrong car park code in the JustPark app as there are multiple close sites with different codes in close proximity to one another where i parked. 

One thing i noticed is that in the particulars of claim, the post code they state for where the offence occurred is actually different from where the car was parked - is it worth highlighting this in my defence? Im fairly certain on the day the charge was issued i didnt park my car where its stated the offence occurred, but it 8 months ago and i cant remember what i did exactly on that day - i wouldnt normally park in that area (i havent requested a SAR from them - is it too late to do this?). Would this discrepancy in any way invalidate their claim? The two postcodes are very close - but nonetheless when i checked the postcode stated in the claims form on google maps it doesnt cover the area I was parked in. 

Thanks for your help.

Coupon-mad

Yes you can mention it in your paragraph 3.

KeithP

With a Claim Issue Date of 4th August, I am going to assume that you filed an Acknowledgment of Service sometime after 9th August and before yesterday - 24th August. Please confirm.

With a Claim Issue Date of 4th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 6th September 2023 to file your Defence.

That's nearly two 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'.

dmw959

Thanks. Yes aos was filed earlier this week.

dmw959

Heres my defence for this one if anyone would be so kind to give it the once over, will be submitting this on Monday:

3. The defendant has been travelling to and parking at XXXX, XXXX since 2021 to visit their partner on site at XXXXX over the weekend. There is a record of a booking for Saturday and Sunday between 2021 and 2023 for every day when the defendant has visited XXXX, with no prior PCN notices received during this period, highlighting that the defendant adheres to the parking times set on site.

4. Management of parking at XXXX had recently changed hands close to the period when the PCN was issued, with issues with the customer facing parking apps reported. There are multiple car parking sites at XXXX, all within a short distance of one another and identified by different codes within the Just Park parking app.

5. On the 21st of January 2023 the defendant booked 1-hours free parking from 10.29AM to 11.30AM at the XXXX 4-hour car park believing this covered the area the defendant’s vehicle was parked in at the XXXX car park (Postcode 1). Of note, the claimant states the offence took place at Postcode2 which corresponds to the area adjacent to Postcode 1. The defendant has to the best of their knowledge never parked their vehicle in an area managed by Elite Car Parking Management within Postcode2. In light of the PCN(s) received, the defendant subsequently realised that they made an honest mistake when selecting the car park ID through the JustPark app and has since switched to using the correct car park ID for subsequent visits.

Coupon-mad

Remove paragraph 5 - too much info for a defence.

dmw959

Ok, so its not necessary to explain what actually happened on the day (i.e. I'm not trying to con anyone, I simply selected the wrong car park in the app) as part of my defence? And don't include the fact they're saying the offence occurred in a different postcode from where it occurred? Otherwise my defence boils down to 'ive obeyed the rules for the last two year's' (para 3) and 'management of the car park had recently changed hands'. 

Coupon-mad

Fair point about the postcode; keep this bit only because if the case gets as far as WS stage, you can then elaborate with the extra detail:

"Of note, the claimant states the offence took place at Postcode2 which corresponds to the area adjacent to Postcode 1. The defendant has to the best of their knowledge never parked their vehicle in an area managed by Elite Car Parking Management within Postcode2."