Premier Parking Enforcement - Court Claim
I have received a court claim from Gladstones on behalf of Premier Parking Enforcement. The date on the letter was 14/08/2023 which put the deadline for the AOS on the 02/09/2023. I was unfortunately on holiday during the period this arrived and have emailed the AOS to [email protected] in case they haven't made a judgement yet.
The story of how I got the fine was I was going to the shopping center and was looking for parking nearby. I then parked in one of the spots for about 5 minutes and didn't exit the vehicle. My argument is I was using that time to evaluate whether or not I was allowed to park there and when I realized I wasn't I told my daughter to come back into the car and we were going to park somewhere else. Using "grace period" as an excuse if that is valid, if not please let me know.
I have drafted a defence if you could kindly advise on what to change, apart from these paragraphs rest is the same as the template:
2. The facts in this defence come from the Defendant's own knowledge and honest belief. Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC is devoid of any detail and even lacks specific breach allegation(s), making it very difficult to respond. However, it is admitted that the Defendant was the registered keeper and driver of the vehicle.
3. The Defendant didn’t get any letters of the said claims in relation to PCN, nor pre-action letter and only received word through the court claim. The Defendant did not exit the vehicle and recalls only being for around 5 minutes in said parking spot to see if the Defendant was allowed to be parked in the spot. Also, the Defendant is not in the habit of breaching rules and firmly believes that the signage was conflicting and unclear. The Defendant remembers seeing a faded and unclear sign that was not a sign with the Claimant’s logo or name and did not denote a possible claim from the Claimant, which was also in conflict with other signs in the area that did have the Claimant’s logo and name present. Therefore, after being unsure if the Defendant was allowed to park in the spot showing genuine use of a reasonable grace period. The Defendant drove out of the parking spot to park somewhere else to avoid causing any potential issues to the Defendant or the Claimant. Therefore, this claim was a shock and the Claimant has failed to communicate any information about the matter over the months. The Claimant is put to strict proof of the facts and signage, as well as the allegation (whatever it may be, given the fact that the Claim fails to specify it).
3.1. The vague claim is not admitted. The Claimant is put to proof that the vehicle was parked on the land for the time alleged, and that the Defendant’s vehicle was in breach of a 'relevant obligation' communicated on adequate notices near the vehicle.
Is it still possible to email the landowner to retract this ticket or is it too late? and for the submitting the SAR request is that a step that still should be done?
My apologies for all the questions, as this is the first time I've done this. I'll also attach some photos of the signs and parking area taken yesterday.
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