Defense Help needed for civil court Parking Claim - DCB Legal

SimHelp

Hello I hope you can help? 
I have spent several days reading newbies threads and have the defense template on word doc ready for Spring Parking ready to send to CCBCAQ@justice.gov.uk.
The claimant is pursuing £285.56 for PCN, 8% interest and costs and court fees.
This is because I was parked outside a Co-op in a free parking pay and display.  I had obtained a ticket but had not displayed it.  I did speak to the co-op to pick up with the parking company but they do not own the car park so this was unsuccessful.  On the day 
A PCN was issues on 02/06/2021 - I had emailed Spring Parking the parking ticket I had but they rejected my appeal.
Please can you help me with wording on the defense - I will use this template....

troublemaker22

We can't give informed (useful) advice unless you show us (in each case with your name, address, vehicle number, all reference numbers and claim password redacted): copies of:

1.  the PCN (front and back);

2. your appeal;

3. the first page of the claim form. 

Coupon-mad

We only want to see your additional paragraph(s) please.  And the (your data redacted) images that @troublemaker22 has asked for.

Read a few other court claim threads to see what to redact from a claim form before you post.

troublemaker22

Coupon-mad said:

Could you delete the Template Defence from your reply as we don't need to read it.

I don’t think Newbies have the ability to edit their own published posts. They have to ask an administrator to do it for them. @SimHelp can you please get onto this ASAP and in the meantime show us the information @Coupon-mad asked for

SimHelp

Apologies on this, I will get onto the forumteam@moneysavingexpert.com to delete the post with the template above and reply back asap with the information @troublemaker22 and @Coupon-mad asked for 

SimHelp

1. I am afraid I did not keep the PCN
2. Here is my appeal but not sure if this is viable defense?

 

3. The Defendant went to Co-Operative on day of the alleged breach and purchased groceries located on site at this car park. Following this they then also visited the charity shop at The Bridge Shopping Centre but did not make a purchase. 

The Defendant noticed that the ticket machine was out of order near their car so went to another machine to obtain a ticket for free parking but forgot to display in the window of the car. 

On receiving the PCN the defendant returned to the site and found that Parking Restriction signs on the Bridge Shopping Centre car park were small, obscure, and positioned in out of the way places.  Over time the car park has changed to free parking for limited time for shoppers of The Bridge Shopping Centre without the need to obtain a ticket.

4. 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, there must be:

Here is my claim form
(Removed by Forum Team)

troublemaker22

OK so you outed yourself as driver in that appeal, so it's not a problem that you lost the PCN because combing through it to see whether it failed the statutory requirements for keeper liability is not an option.

You just need to build your defence using the Template, show us the parts that are your own work and email the finished product to ccbcaq@justice.gov.uk being sure to include the claim number in the subject line.  I always send a copy to DCB Legal at the same time but others tell me it's not strictly necessary.

I don't think the handwritten time limits are correct, not least because 26th December wasn't a working day so the deadline for the acknowledgment of service was 27 December  - but no harm in filing your defence a couple of days early.

SimHelp

thanks you so much for this troublemaker - this is the part which is my own work but not sure if it is enough - do I add in the detail about sending them my ticket and also appealing to the co-op??

The Defendant went to Co-Operative on day of the alleged breach and purchased groceries located on site at this car park. Following this they then also visited the charity shop at The Bridge Shopping Centre but did not make a purchase. 

The Defendant noticed that the ticket machine was out of order near their car so went to another machine to obtain a ticket for free parking but forgot to display in the window of the car. 

On receiving the PCN the defendant returned to the site and found that Parking Restriction signs on the Bridge Shopping Centre car park were small, obscure, and positioned in out of the way places.  Over time the car park has changed to free parking for limited time for shoppers of The Bridge Shopping Centre without the need to obtain a ticket.

SimHelp

This is an additional paragraph I was thinking of adding but not sure if it will help the case or not?

Appeals for the PCN were sent to spring parking showing evidence of the obtained ticket but this was rejected.  A further appeal was sent to the Co-Operative as the defendant is a member and could provide proof of purchase in store on that day but this was also rejected by the claimant.

Coupon-mad

You are missing thd extra paragraph about the PO Box - as seen in all the other Spring Parking claim defences on this forum in December.

You should also report your post and ask the Forum Team to delete that claim form as it shows the claim no, MCOL password and the VRM which is easily enough for DCB or Spring to identify you.

Here's a properly redacted version:

SimHelp

Thanks coupon mad I have reported this and will look for the PO Box paragraph