N1SDT claim form received

drmasif

Advice needed please received N1SDT.Son parked in parking and paid on ringo app. app showed payment related to location.He did not corfirm the number from board .So he paid to a parking on street next to hotel but parked in hotel.I have credit card statement to prove payment was made at that time. I ignored letters hoping for this to go away but now received this.They have added charges and interest as well to the claim.What should be my best defence? or should I pay the requested amount?Thanks for help

KeithP

Firstly to say that everything must be done in the name of the named Defendant.
If your son is the named Defendant, then all must be done in his name, but if you are the named Defendant then everything must be in your name.

With a Claim Issue Date of 20th March, you have until Monday 8th April to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 22nd April 2024 to file a Defence.

That's over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

nopcns

Anyone paying DCB Legal for one of their roboclaims is a fool and their money. Easily defended. Please read (thoroughly) the second post in the Newbies/FAQ thread for your next steps.

You will be using the template defence with the added CEL v Chan transcript (called the hharry defence here).

You have until 4pm, Monday 8th April to complete your AoS but there is nothing to be gained by delaying it. You would then have until 4pm Monday 22nd April to submit your defence.

KeithP

You also need to be aware that those Particulars of Claim are totally inadequate.

Particularly this bit...

So it is alleged that the driver 'breached the terms on the signs (the contract)'.

And that allegation is then explained in great depth repeated - 'Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions'.
[a rhetorical question: why does every word in that last sentence start with a capital letter?]

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.

Coupon-mad

Which is explained in the 3rd paragraph of the Template Defence with a specific link to the hharry100 version of defence for claims like this.

drmasif

picture on the parking entrance showing only pay by phone

drmasif

proof of my payment for the time

drmasif

already submitted acknowledgement and now working on tthe response

drmasif

this is my Draft from pargraph 2 onwards. only included first few paragraphs but rest of defence is from template including 1st paragraph )

Please suggest any changes

The Defendant was visiting Newcastle University for an Interview along with his mother and parked the car in  HOTEL INDIGO NEWCASLTE UNDERGROUND parking.

There was a sign on entrance stating “ Tariff payable at machine or by phone on arrival”

Defendant have picture of that and will supply with witness statement.

 As defendant did not have coins so chose to use this parking due to availability of pay by phone facility. There was no mention of location number as most of the pay by phone parkings have and defendant has confirmed this by a second visit to the site and have photographic evidence of that which will be supplied with witness statement.

So defendant used paybyphone App .Top of the list and closet location was “71029” Clayton Street ,few meters away. This hotel is next to Clayton street  as can be viewed on satellite images on google maps and evidence will be supplied with witness statement. The Defendant paid on the app from 18-01-2023 17:24 to 19-01-2023 08:00.

The defendant will supply receipt from app and credit card statement with the witness statement. Although defendant had paid for much longer duration but only stayed there for one hour and 46 minutes.

5. The Defendant had not noticed any signage close to the where he had parked his vehicle, showing the terms and conditions for use, the Defendant was not aware of any restrictions that applied in the car park due to obscure signage which was impossible to read from where the defendant had parked. The signage is not clear on the site and the defendant is  unable to find terms and conditions on entrance signs or near payment machines.Pictures will be supplied with witness statement.

Coupon-mad

Doesn't make sense to say you "saw no signs", if you decided to pay.  You must have seen something to conclude that you had a fee to pay.

Le_Kirk

As you are using the @hharry100 defence, you should not give any details as it looks like you are defending more than you know about; suffice to say the car was parked there and paid for using a pay-by-phone app.  Also every paragraph requires a number.