Civil claim form - Parking eye parking ticket

Le_Kirk

............ and when you do find that extra point and add it, please do not show us the whole template again, only those parts you have added or edited, we don't need to check the template.

Spartan_Fumble11

Thank you - below will be added:

3.  The Defendant parked in a ParkingEye car park on XXXX.  The payment machine was not accepting coins or card payments. The telephone option to pay for parking was also not working. The driver made multiple calls and input card details to pay with the call ended abruptly, without confirmation.

3.1.  The few minutes' delay to begin the parking contract on arrival was caused entirely by the failure of the Claimant's systems.  The Defendant relies on the authority of National Car Parks v HMRC [2019] where is was held that the commencement time of contract for parking is when the 'green button' (or app equivalent) is pressed, signifying acceptance by paying. No terms and conditions detailing penalties or the use of ANPR cameras were displayed prominently at the machines, simply details of the tariffs.  No erring or improper conduct by the Defendant caused a 'penalty' clause to arise and there is no legitimate interest in punishing drivers in these circumstances.

3.2.  Further, the signs and subsequent Parking Charge Notice that the Claimant will rely upon was for £100 (with no caveats nor secondary clauses tacked onto what is in itself a secondary clause).  However the claim is for £120 which was not in the contract (not that any sum was agreed). This discrepancy is significantly wrong and the Defendant avers that the Claimant's improper enhancement of their claim with an unspecified and impermissible sum that was never on the signs is reason enough for its dismissal.

Spartan_Fumble11

Is this best to send the defence via e-mail to the below: 

ccbcaq@hmcts.gsi.gov.uk

KeithP

Spartan_Fumble11 said:

Is this best to send the defence via e-mail to the below: 

ccbcaq@hmcts.gsi.gov.uk

No definitely not.
That address hasn't been used for several years now. Where did you find it?
The correct address is in the checklist in the opening post of the template defence thread.

Spartan_Fumble11

@KeithP

CNBC@justice.gov.uk

That the best address? Are there any cover letters that should be accompanied with this, or just the case number in the title?

KeithP

Spartan_Fumble11 said:

@KeithP

CNBC@justice.gov.uk

That the best address? Are there any cover letters that should be accompanied with this, or just the case number in the title?

But that email address you have just quoted is not even in that checklist.

Why not use this line from that checklist?...

4. Send your signed & dated pdf as an email attachment to ClaimResponses.CNBC@justice.gov.uk 

Spartan_Fumble11

Thanks Keith, I found the checklist and have sent to the above via PDF. I've had an automated response back - but assume I need to receive an actual confirmation?

Coupon-mad

No.        

Spartan_Fumble11

Hi All, 

My claim was struck out today, as parking eye failed to file there defense questionnaire on time! 

Thanks for all your help, it was much appreciated! 

Gr1pr

Spartan_Fumble11 said:

Hi All, 

My claim was struck out today, as parking eye failed to file there defense questionnaire on time! 

Doesn't make sense, you are or were the defendant, your defence was submitted, so PE must have failed on something else , perhaps it was their N180. ?