Claim Form - Template Defence - Feedback please - ANOTHER ONE BITES THE DUST

h1994b

Hi,

Just to give some background:

- I parked in a car park opposite a pub in the evening when it was it was dark and raining (28 October 2023).

- NTK was received on 7th November 2023 (charge value £100). My number plate is showing but the pictures are poor quality and only show the car lights due to poor lightlighting.

- I have parked in this car park almost every time that I have been to said pub over the years. It is often used as an overflow car park when the pub is full. I have not previously encountered any issues. I did not see any signs on the way in or out and was left confused when the NTK was received.

- The pub released a post on their social media on 25th November 2023 advising people not to park in that car park anymore confirming that the land is not associated with them and there are now cameras and charges in place. This confirmed my suspicions that the signs/charges must be new.

- A local newspaper reported on the issue on 28th November which included a picture of the sign... a sign with a black background which was not likely to be visible on a dark rainy evening!

I ignored the letters and it was referred to Gladstones.

I have since received a claim form from CNBC Northampton. Amount claimed is now £158.20 plus court fee and legal rep costs on top.

I have completed an AoS on the moneyclaim website and I am putting together my defence template. In para 2 I have included that the defendant was the driver. Neither the NTK or claim form mention the actual address of the car park, only the road name and village so I have included this in my defence. I have included my points in para 3 and 4 then renumbered the following paragraphs. Would anyone be able to take a look at these paragraphs please and let me know if I need to add anything else?

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 "3. The description of the address noted under the Particulars of Claim on the Claim Form is not clear as it states only a road and village, the full address is also not noted on the Notice to Keeper (NTK). The Defendant assumes that it is a car park opposite a restaurant which the defendant has visited many times before and parking restrictions were not in place.

4. At the time of the alleged parking event, there was poor lighting due to it being late in the evening as well as poor weather. Both factors combined mean that the defendant's visibility was reduced and signs were not clear"

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Is there anything else that I can add here to build my case?

Thank you

Coupon-mad

You should probably be using the hharry100 defence with CEL v Chan images.  See the link in the Template Defence.

Show us the POC.

Date of claim?

nopcns

If the NtK does not show the address or there is any ambiguity of the location of "relevant land", then it is not PoFA compliant and as long as you do not identify as the driver, cannot be liable for the charge.

h1994b

Sorry I should have added POC:

The driver of the vehicle with registration

XXXXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at Norwich Road Horstead, on 28/10/2023 thus incurring the parking charge (the 'PCN'). The PCN was not paid within 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS

£100 for the PCN, £55.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £3.20 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.03 per day.

KeithP

h1994b said:

I have received a claim form from CNBC Northampton.

I have completed an AoS on the moneyclaim website...

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

h1994b

Claim form was issued on 13th March 2024

nopcns

What, exactly is the address of the location shown on the NtK? If there is no ambiguity, ie. the location can be easily found from the details given, then you can't use that as a PoFA fail.

h1994b

Issue date on the claim form: 13th March 2024
I filed the AoS today (21st March 2024)
Address of the location shown on the NTK form is Norwich Road, Horstead NR12 7EE. When I search on Google maps, it gives a rough outline of the locations within that area but doesn’t seem to pinpoint the exact location of the car park. The pub has exactly the same address when I Google it!

KeithP

h1994b said:

Issue date on the claim form: 13th March 2024
I filed the AoS today (21st March 2024)

With a Claim Issue Date of 13th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 15th April 2024 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

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

Don't miss the deadline for filing a Defence.

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'.

1505grandad

Who is the claimant?

h1994b

Claimant is minster baywatch