Civil Enforcement - Letter Before Actions - Claim for Debt

Coupon-mad

Shall I also add that I have tried to phone but their number also had issues?

Yes. And finish that paragraph by saying that the contract was impossible to perform.

HungryBird

Hi , please can you check my edited version of defence (previous page)- shall I also add that for sometime the driver was in the car with the motor running, therefore there was not "parking"?
Thanks in advance 

Le_Kirk

You could refer to Jopson v Homeguard, 9GF0A9E and read paragraph 20, where it was stated that stopping is not parking.

HungryBird

Hi, 

Please can you kindly proof-read my amended Defence: 

"3.   Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 31/10/2021" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms. The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.

3.1 The defendant's vehicle entered this car park, to bring her child for an emergency Dental appointment at Greenwich Dental Clinic located nearby. This urgent Dental appointment was organised by 111 emergency services at Greenwich Dental Clinic which opens on Sundays, (please note during the COVID, and there was shortage of Local dentists services ). This was during the COVID pandemic when use of public transport was either restricted or not recommended, so the use of a private motor vehicle was often the only viable mode of transport. The user of the vehicle attempted to use the on site machinery to pay for a parking ticket but was unable to do so due to equipment malfunction, as well as to try to phone, but the number had technology fault also. Upon realising they would not be able to pay, they left the car park. The signage provided at the car park entrance is barely legible from a moving vehicle upon entering, and the tiny signs setting out the terms of parking are completely unreadable unless standing directly in front of the aforementioned sign. See paragraph 24 for relevant remarks from ParkingEye vs Beavis regarding small signage and minuscule font. Therefore, the contract was impossible to perform.

3.2   The vehicle was not parked and no "parking contract" supposedly offered by the Claimant was accepted or entered into by performance. The vehicle simply stopped and left for a moment while accompanying a frail person inside. ( Case reference Jopson v Homeguard, 9GF0A9E, paragraph 20 & 21)

3.3  The Department for Levelling Up, Housing and Communities ('DLUHC') published in February 2022, “a Private Parking Code of Practice includes the following two points which highlight that dropping a passenger or picking them up is not considered parking:

2.19 parked/parking

an instance of a vehicle being caused by the driver to remain stationary other than in the course of driving (excluding instances where the driver has stopped to enable passengers leave or enter the vehicle)

2.24 parking period

the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)”

4. The Claimant should reasonably concede that no financial loss to a parking operator can arise in a case where there was no 'parking period.' At most, the sum due could be under a pound but the simple fact is the Claimants cannot charge a driver anything in a case where there was no parking period. In order to impose an inflated parking charge, as well as proving a term was breached, there must be:"

........

Many Thanks in advance 

Coupon-mad

Very good.

HungryBird

Hi, 
New updates:  There will be a telephone mediation appointment in a week time.
Please any advise on preparation to this mediation and Witness Statement  please ? 
Many Thanks in advance, 

Coupon-mad

Mediation is already in the first 12.steps!

HungryBird

Dear Coupon-Mad, KeithP and Le-Kirk,
Many Thanks for your fantastic support and help. 
At Mediation, I agreed to pay £60 (settlement sum) to close the case.  
I have prepared Witness statement, but it is summer time and I could not be bothered with all papers... 
Many Thanks again, and blessings. 

Coupon-mad

HungryBird said:

Dear Coupon-Mad, KeithP and Le-Kirk,
Many Thanks for your fantastic support and help. 
At Mediation, I agreed to pay £60 (settlement sum) to close the case.  
I have prepared Witness statement, but it is summer time and I could not be bothered with all papers... 
Many Thanks again, and blessings. 

I get that. They've made no profit from you