My first court defence

JoeN1988

Hi all, thanks for all the invaluable info so far.

I've just submitted my defense for a private parking charge.

Admittedly I've made a few errors along the way. I admitted being the driver at appeals stage, and i left it far too long to revisit the car park for photos (it was a long way away) in which time the PPC have updated their previously inadequate signage.

As i see it the case will win or lose bad on the P&D machine which was not working on the day. 

I submitted a SAR to the claimant's litigation dept almost a month ago requesting the  transaction history from that day, and received a confirmation of receipt email but nothing since.

Do you think that the P&D machine alone is enough for me to win, or am i fighting a losing battle?

Coupon-mad

Which PPC and which solicitor?

KeithP

JoeN1988 said:

Do you think that the P&D machine alone is enough for me to win, or am i fighting a losing battle?

That will depend on the quality of your Defence.
As we haven't seen your Defence it's difficult to comment on it.

Are you able share your Defence with us?

P.s. there is no letter 's' in the word Defence.  

JoeN1988

Coupon-mad said:

Which PPC and which solicitor?

Excel Parking & ELMS Legal

JoeN1988

KeithP said:

JoeN1988 said:

Do you think that the P&D machine alone is enough for me to win, or am i fighting a losing battle?

That will depend on the quality of your Defence.
As we haven't seen your Defence it's difficult to comment on it.

Are you able share your Defence with us?

P.s. there is no letter 's' in the word Defence.  

Apologies, you're dealing with a humble tradesman here I'm afraid.

In hindsight i should've started a thread before the Defence stage, but i was doing my best not to waste your time.

The defense was from the 2023 template posted here. The only change was this paragraph:

Hopefully I haven't completely shafted myself.

JoeN1988

Photos of the updated signage:

KeithP

That is key information.

Have you been back to the pub and asked them what they did wrong such that you received a PCN and this has escalated to a court claim?

JoeN1988

KeithP said:

That is key information.

Have you been back to the pub and asked them what they did wrong?

No, I've emailed the Wetherspoons legal team and the CEO but they are not interested as they don't own the land.

I doubt there would be any way to prove the conversation took place. I don't remember who i spoke to and they may not even work there currently. 

Coupon-mad

No worries. You'll win.

JoeN1988

Coupon-mad said:

No worries. You'll win.

What makes you think so?

Apart from the fact I've got the experts involved finally?

Coupon-mad

Because the signs were inadequate.

Because the machine wasn't working.

Both the above are unfair terms & notices.

And because you can use CEL v Chan to suggest the claim should be dismissed.

And failing everything else, you can use Excel v Wilkinson and the DLUHC's analysis that exposes that the added £70 is excessive so that will be removed, even if you lost the case.  No-one loses BIG.

Elms Legal will step away anyway.  They only file generic claims then leave.  So it will be you v Excel and they and their hired gun legal reps are pretty useless in court, in our experience.