OVERSTAY IN ASDA CAR PARK PARKING EYE

Metaphysicist

Hi everyone,

I have received a claim form for an alleged overstay in an Asda car park. I am using this template defence from the forum. At this stage is there anything else I need to add since I was not the driver?

Regards 

Re Claim No: 

Dear Sirs,

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Kind regards 

Metaphysicist

PS: AOS has already submitted. Thanks 

Coupon-mad

Metaphysicist said:

Hi everyone,

I have received a claim form for an alleged overstay in an Asda car park. I am using this template defence from the forum. At this stage is there anything else I need to add since I was not the driver?

Regards 

Re Claim No: 

Dear Sirs,

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Kind regards 

I don't understand.  The above is a first stage appeal against a freshly-issued PCN.  You are not at that stage so should not be reading the FIRST post of the NEWBIES thread.

That's clearly NOT the template defence linked in the SECOND POST of the NEWBIES thread which is the section all about pre-action LBCs then defending court claims.

Show us the Claim form.

Cover the Claim no, VRM, your data & QR Code and cover the MCOL password on the right.

Le_Kirk

Have you actually received a N1 claim form from CNBC?  If so what is the issue date please?  If it is a N1 claim form, you appear to be confusing the standard first reply to a NTK - PCN for the defence template.

Metaphysicist

Coupon-mad said:

Metaphysicist said:

Hi everyone,

I have received a claim form for an alleged overstay in an Asda car park. I am using this template defence from the forum. At this stage is there anything else I need to add since I was not the driver?

Regards 

Re Claim No: 

Dear Sirs,

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Kind regards 

I don't understand.  The above is a first stage appeal against a freshly-issued PCN.  You are not at that stage so should not be reading the FIRST post of the NEWBIES thread.

That's clearly NOT the template defence linked in the SECOND POST of the NEWBIES thread which is the section all about pre-action LBCs then defending court claims.

Show us the Claim form.

Cover the Claim no, VRM, your data & QR Code and cover the MCOL password on the right.

Hi,

Looks like I got rather muddled up thinking I could use that as my defence. Thanks for clearing that up! 

Metaphysicist

Claim form attached. 

Metaphysicist

Sensitive data covered. 

Metaphysicist

Le_Kirk said:

Have you actually received a N1 claim form from CNBC?  If so what is the issue date please?  If it is a N1 claim form, you appear to be confusing the standard first reply to a NTK - PCN for the defence template.

Hi, 

that’s correct I have received the N1 claim form. Regards 

Coupon-mad

Very easy. Defend using & adapting the hharry100 version of defence including the CEL v Chan images.  See the Template Defence thread.

KeithP

With a Claim Issue Date of 28th February, you had until Monday 18th March to file an Acknowledgment of Service.

For the moment I 'll assume you met that deadline - please confirm.

If your MCOL Claim History shows your Acknowledgment of Service has been accepted and no Judgment has yet been made, then you have until 4pm on Tuesday 2nd April 2024 to file your Defence.

That's nearly two weeks away. 

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

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'.

Metaphysicist

KeithP said:

With a Claim Issue Date of 28th February, you had until Monday 18th March to file an Acknowledgment of Service.

For the moment I 'll assume you met that deadline - please confirm.

If your MCOL Claim History shows your Acknowledgment of Service has been accepted and no Judgment has yet been made, then you have until 4pm on Tuesday 2nd April 2024 to file your Defence.

That's nearly two weeks away. 

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

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'.

Hi, 

yes AOS was filed.

Thanks