Wrong registration inputted

Consettbaths

Hello. 

I've read the newbies threads - thank you they're very helpful. I could still really do with some advice before I send off an acknowledgement of service.

Situation is, my husband entered the wrong vehicle registration (his car when driving mine) at a terminal in a doctors surgery. The error came to light after the parking company issued a list of recorded vehicles following a letter of intention to go to court which showed my husbands registration instead of my own. 

We supplied the company with the name of the driver  proof of ownership of the recorded registration and evidence of a receipt at the surgery. The company responded that it was too late and a full charge of £180 was payable. 

I understand that the company should only charge £20 in this situation. Do I offer £20 in the acknowledgement?

Thanks in advance for any opinions. 

KeithP

Hello and welcome.

You mention 'acknowledgement of service'.
Does that indicate that you have received a County Court Claim?

If so, please tell us the Issue Date on it.

1505grandad

Who is the claimant and solicitor (if applicable)?

Consettbaths

Civil Enforcement - S Wilson, who I believe is the in House solicitor? 

Consettbaths

Issue date is 14 Nov. I really wanted to acknowledge today but could really do with some advice first. 

KeithP

Consettbaths said:

Issue date is 14 Nov. I really wanted to acknowledge today but could really do with some advice first. 

There is no rush to do anything today.  

With a Claim Issue Date of 14th November, you have until Monday 4th December to file an Acknowledgment of Service but there is nothing to be gained by delaying it.. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 18th December 2023 to file your Defence.

That's four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Coupon-mad

Consettbaths said:

Issue date is 14 Nov. I really wanted to acknowledge today but could really do with some advice first. 

The only advice needed is NOT TO OFFER MONEY.

DO NOT make a part admission for money. You are defending in full but only do the AOS online first.

Defend by email and use the CEL v Chan case.  All is explained in the easy Template Defence.

Consettbaths

Afternoon, I sent my AOS in for the claim in plenty of time. I now want to get the defence done, I've set myself a deadline of this Friday (4th) so that it's done in plenty of time. I'm using the very useful defence template but will likely have a few questions as I complete it. First up, I've attached a copy of the claim details (suitably redacted). I was wondering whether the claim set out is suitably vague to warrant the inclusion of the request for the claim to be struck out using the the example of CE v Chan? To summarise situation I've already set out at the start of the thread, the parking was a full mis key (wrong car) in a non payment car park using a registration console in the building (medical facility) 

Coupon-mad

You can't send it now as you need to email in working hours & get an auto-receipt.

In addition to using Chan, you need to copy the extra paragraph for CEL claims that you will find when you search the forum for 

payment due date Claimant day early

Consettbaths

Thanks for the help so far. 

This is my statement as to what happened - is this too much detail? I've also added the paragraph suggested into this (with amendments to meet the situation)

'4. At the date and time indicated in the claim my husband XXXXX was driving my car (registration XXXXX). I was ill on the day and had been forced to take a day off work. XXXXXX attended XXXXXX Surgery in order to purchase medication for myself from XXXXXX Pharmacy situated within the surgery.

To the best of my knowledge there is no fee attached to the use of the car park .

There is a console within the surgery to record your visit.

My husband confirmed that he had used the console – remarking that it has been out of use during lockdown but was still in an awkward place to be able to observe social distancing.

I believe the car parking facilities were used for legitimate reasons, i.e., in order to access the dispensing Chemist.

Following a request to the claimant we received a letter dated 25 September 2023 with a list of registrations inputted into the console on 29 April 2022. The list showed that at 14:41 the vehicle registration XXXXXX had been recorded. This vehicle is registered to my husband XXXXXXX.  

On 3 October 2023 I responded to the claimant – providing proof of the ownership of the vehicle and confirming that our bank statements showed a transaction within the time of the alleged breach of contract.

I believe that my husband acted in good faith and that no breach of contract has taken place – albeit an error was made in inputting the information.

The terms have therefore been complied with or substantially complied with and the Claimant will concede that no financial loss has arisen. The charge imposed, in all the circumstances is a penalty (notwithstanding ParkingEye v Beavis) and the sums claimed are exaggerated and the interest miscalculated on the whole enhanced sum from day one. The parking charge is punitive in nature.  In these circumstances there is an unfair imbalance of contractual position (ref: Consumer Rights Act 2015).'

Any advice? it's become quite long. 

Also the next two paragraphs taken from the template now repeat some of what I've put above

5. The Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge, as well as proving a term was breached, in addition to evidence there must also be:

(i) a strong 'legitimate interest' extending beyond mere compensation for loss, and

(ii) adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

6. The Defendant denies (i) or (ii) has been met. The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished.

Do I still pursue the inadequate signage points when I'm confirming use of the console?

Sorry for the long message, all help appreciated.

1505grandad

Have you actually stated the correct name and VRM above?  -  if so amend asap  -  see "Important" yellow box at top of forum.