Fight against parking cowboys - court

Havoc88

Hello everyone, I'm sharing my defense explaining the situation. I submitted it to the court on the last day. The day after, Gladatones emailed me, stating that the client wants to proceed to court because they find the case too complex and prefer to skip mediation, as mentioned in the N140 document. What can I anticipate happening next? Please review my defense below and advise if it's worth the hassle. If allowed by forum rules, I'll also upload photos of the alleged place.

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Dear Sir/Madam,

The defendant trusts this correspondence finds you in good health. 

The defendant is submitting this formal court defence appeal 

against the invoice issued, as referenced above.

Upon receiving the initial letter, the defendant observed the 

absence of the vehicle's registration number in the provided 

photos. In response, the defendant promptly submitted a letter via 

post, explicitly seeking evidence containing the vehicle's 

registration number. Unfortunately, there was no response from the 

parking company until the recent court correspondence.

The defendant emphasizes that no letters requiring their signature have been received. To their knowledge, no correspondence has arrived at their address since the initial inquiry. Recent events, such as Ofcom fining Royal Mail £5.6 million on November 12, 2023, for delivery target failures, could notably affect timely business letter deliveries, contributing to the mitigating circumstances in this case.

As a professional mechanic, the defendant's car developed a 

coolant leak around the thermostat area on the day in question 

while the defendant was dropping off the defendant's son at school 

in Hemel Hempstead. Waiting for the engine to cool down and 

replenishing water afterwards to mitigate potential damage were imperative. 

The car park provided the only safe space to address these urgent 

mechanical concerns, preventing both vehicle damage and potential 

risks to public safety by obstructing the road or pavement.

Upon entering the apparent site under mechanical failure conditions, 

the defendant does not recall agreeing to any contractual terms, 

and the “fine” imposed appears disproportionate. Consequently, the 

defendant requests a detailed breakdown of the costs to represent 

the loss of business due to the vehicle being on site.

When approached by a stranger around 9 AM regarding the parked vehicle, the defendant briefly explained the mechanical failure situation and promptly left. The interaction was brief, and the stranger response was inappropriate and rude, adding unnecessary stress. Importantly, the stranger explicitly stated that “the defendant couldn't park there”without conveying any information about potential “fines”. This led the defendant to believe immediate action was necessary, unaware of the subsequent fine issuance. The defendant clarified the car issue, and due to the lack of a registration number in the provided photos later on believed the invoice was issued by mistake, considering the commonality of white cars in the UK. 

The defendant underscores that “stranger” issued the invoice later on without observing the vehicle for a reasonable time. The defendant doesn't recall the “stranger” being present for more than a minute, which, sensibly, might not offer sufficient time for the public to be aware of the location due to the situation and unclear markings on the site. Moreover, the defendant would need time to read the terms, emphasizing the need to allow individuals, especially in situations like the defendant's, enough time to comprehend any terms and conditions before receiving a invoice.

The apparent site condition was investigated after receiving 

the court letter, and all findings are based on revisiting the 

site to recall events. Despite months passing since the apparent event, no improvements have been made to prevent confusion among members of the public. It raises concerns that the landowner 

may profit from such incidents and has no intention of preventing 

their recurrence, especially considering the extraordinary nature 

of the “fine”.

It is crucial to highlight that the site, shared with the loading bay and apparent parking spaces, lacks clear markings, leading to confusion. This area, also serving as a passage to a local residential zone without a clear distinction, is compounded by ineffective signage due to inadequate lighting during morning and evening hours. Additionally, the site is shared with other businesses without a clear division, further contributing to the disorderly state of the parking situation.

Upon entering the apparent site under mechanical failure conditions, the defendant noticed a prominent British Heart Foundation sign indicating "customer collection." This sign, emphasizing customer-related activities which can take any given time without time constraint. It also raises questions about how an employee of Boots could ascertain whether the defendant was a customer of the British Heart Foundation or any other business. It seems contradictory to penalize anyone entering this area with a car when the primary focus is on customer collection, adding another layer of ambiguity to the situation. This observation adds to the defendant's contention that the site lacks clarity and proper indications, further contributing to the confusion surrounding the issued invoice.

The investigation found that the parking notice lacks explicit instructions for individuals facing immediate vehicle-related emergencies. In the absence of clear guidelines, the defendant navigated the situation to the best of their ability, seeking a safe space to address the mechanical issue promptly. It is crucial to consider that the defendant's intent was not to contravene the terms but rather to resolve a critical mechanical problem, an aspect that the parking notice fails to address adequately.

Given the absence of specific clauses or considerations for emergency scenarios, the defendant contends that the terms and conditions provided in the parking notice would not sufficiently guide the defendant on how to act in such circumstances. The defendant's actions were necessitated by the urgency of the mechanical situation, and it is reasonable to expect that an adequately detailed contract would encompass provisions for unexpected vehicle breakdowns, especially when considering the potential impact on public safety. In light of these circumstances,the defendant respectfully urges the court to consider the lack of clarity in the parking notice regarding emergency situations, reinforcing that the defendant's actions were a response to an immediate and unexpected mechanical failure rather than a willful violation of the terms and conditions.

This appeal provides a comprehensive overview of the circumstances 

surrounding the issued fine. The defendant remains hopeful for a 

thorough review, considering the lack of communication, absence of 

evidence containing the vehicle's registration number, mitigating 

circumstances mentioned above, and the urgent mechanical situation 

that warranted immediate attention.The defendant, having never visited this site previously, was unaware of the site regulations, contributing to the list of mitigating factors.Moreover, the defendant can provide evidence of purchasing a 

thermostat assembly online to resolve this issue, ensuring 

preventive measures for a similar situation in the future.

The defendant took care to employ the same communication method as the claimant by submitting a letter via post, maintaining consistency in communication channels. However, to ensure verification, the defendant respectfully requests evidence of delivery of these letters to the defendant's address, accompanied by the necessary signature confirmation.

The defendant is willing to pay for a two-hour parking session at 

£4 per hour, even though the vehicle spent only brief period at the site. To accommodate the claimant, the 

defendant is also willing to add 8% compound interest. While the defendant willingly offers to pay, the circumstances 

surrounding the stay at the site are questionable based on the all above. To resolve this matter amicably, the 

defendant is still extending this payment offer. 

In conclusion, the defendant anticipates a fair and just 

resolution to this matter, emphasizing the numerous 

mitigating factors at play. The defendant believes that the facts 

stated in the appeal are true to his knowledge and memory.Thank 

you for your attention to this court defence appeal. Sincerely,

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I sent all of this without any breaks as it couldn't fit. Hoping someone will have a little story to read. I won't give in to a parking company trying to charge me £265 for being there just 10 minutes.

Havoc88

Please advise, highly appreciated. Hope that my defence will help anyone in similar situation.

Coupon-mad

That defence is not great, I'm afraid.  A Judge won't like it, sorry.  It reads like it was written by Chat GPT, with that beginning sentence that no-one except a robot writes: "The defendant trusts this correspondence finds you in good health" and all the clunky long words.  I can't even work out what that defence is trying to say, I am so sorry...and that means a Judge will struggle too.  But they have seen it all!

It also calls it an 'appeal' at the end.  A defence is not an appeal.  You could have used our Template Defence if you have found us sooner.  Too late now as you can't change that.  

Who is the Client Claimant?

What happens when is already explained in the Second Post of the NEWBIES thread. 

Havoc88

Hi, thanks for your reply. So the claimant it’s private parking solutions represented by clapstones. They have sent me since a n180 to which I reply as instructed. In their n180 they requested hearing and didn’t wanted mediation due to case complexity. I believe that next I will be allocated a local court and I will have to write a witness statement.  Regardless of what has been written I want to elaborate with court on all of my defence points. The whole situation it’s a nuance, 265 pounds for being somewhere during emergency situation with badly organised site it’s horrible. I’m attaching photos of the actual contract and the parking site 

Havoc88

See photos, the parking it’s a mess. No division between businesses. No parking spots. It’s a mess. But I would like to hear your opinion

Havoc88

Please advise what’s your take on the whole thing now after seeing the parking and the contract which I’m attaching here

fisherjim

It says "Permit Holders Only"which is forbidding, it is not an offer to park to the general public, so no contract was offered, you were basically trespassing and they cannot send you in invoice for trespass.

Coupon-mad

Standard PPS London rubbish.

Le_Kirk

Havoc88 said:

Regardless of what has been written I want to elaborate with court on all of my defence points. The whole situation it’s a nuance, 265 pounds for being somewhere during emergency situation with badly organised site it’s horrible.

A witness statement is in support of, backs up a defence and provides evidence; it cannot be rewritten, nor provide additional defence points.  However, a craftily written WS might help you!

Havoc88

What should I put in into the witness statement?. My defence almost sounds like a witness statement on its own. I would add the point about contract and elaborate on trespassing. Also include photos which I provided here and. A recipe for a thermostat which I bought month after or so. Please advise, many thanks.

Le_Kirk

Havoc88 said:

What should I put in into the witness statement?. My defence almost sounds like a witness statement on its own. I would add the point about contract and elaborate on trespassing. Also include photos which I provided here and. A recipe for a thermostat which I bought month after or so. Please advise, many thanks.

You should read one (or all) of the exemplare witness statements provided in the NEWBIE sticky second post to give you an idea of format and style.  Your witness statement should be a narrative (what happened on the day) along with supporting evidence (for example photos) to back up what you wrote in the defence.  You cannot ADD any new defence points but a craftily worded WS might be able to do the job for you.
Assuming you meant a receipt for a thermostat to prove you actually had a coolant leak, that is good evidence, however, not sure the judge would relate the "vicissitude of short duration" (search the forum) to a purchase a month later!