Terms reached: Parked & left site.

Coupon-mad

Those images are not evidence of anyone leaving the site!

Johnersh

The only way they are going to prove the driver left the site is with video surveillance and/or witness evidence from the parking operative.

Even then there may be an argument as to the definition of the site and the given boundary. 

Let's have their evidence and WS. And by that I mean the actual ticket operative, not a paralegal who is (in the nicest possible way) a desk jockey based in an office some miles away, printing out and processing information stored on a computer and not really a factual witness to anything.

KeithP

With a Claim Issue Date of 30th May, you have until Wednesday 18th June 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

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

Having filed an AOS in a timely manner, you have until 4pm on Wednesday 2nd July 2025 to file a Defence.

That's nearly 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 AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

ChirpyChicken

Johnersh said:

The only way they are going to prove the driver left the site is with video surveillance and/or witness evidence from the parking operative.

Even then there may be an argument as to the definition of the site and the given boundary. 

Let's have their evidence and WS. And by that I mean the actual ticket operative, not a paralegal who is (in the nicest possible way) a desk jockey based in an office some miles away, printing out and processing information stored on a computer and not really a factual witness to anything.

That is never going to happen 
The warden would have long left their employ

Pfazer69

KeithP said:

With a Claim Issue Date of 30th May, you have until Wednesday 18th June 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

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

Having filed an AOS in a timely manner, you have until 4pm on Wednesday 2nd July 2025 to file a Defence.

That's nearly 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 AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

Yes I've followed the steps and filed the AOS so now I believe I should compile an email defence using one of the templates and send it as an attachment to the CNBV.
Am I correct?

Johnersh

@ChirpyChicken very probably, which was rather my point.

But that's of course not the o/p's problem. No claimant should be bringing a claim if they haven't got solid evidence to make out their case.

Car1980

Pfazer69 said:

KeithP said:

With a Claim Issue Date of 30th May, you have until Wednesday 18th June 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

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

Having filed an AOS in a timely manner, you have until 4pm on Wednesday 2nd July 2025 to file a Defence.

That's nearly 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 AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

Yes I've followed the steps and filed the AOS so now I believe I should compile an email defence using one of the templates and send it as an attachment to the CNBV.
Am I correct?

Yes. Remember they'll discontinue anyway.

Le_Kirk

Pfazer69 said:

Yes I've followed the steps and filed the AOS so now I believe I should compile an email defence using one of the templates and send it as an attachment to the CNBV.
Am I correct?

There is only one template defence and you send it to the email address as advised at the start if that template thread NOT what you have put but CNBC.

Pfazer69

Hi all. I have compiled a letter as follows. If someone can proof read and suggest modifications I would be grateful...thanks.
_____________________________________________________________________________________

Referring to the Particulars of Claim (POC):

·         Paragraph 1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or any sum at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the generic text in the Particulars of Claim.

·         Paragraph 2, 3. The Defendant does not accept that a contravention occurred on the date 09/03/2020, as alleged.  Whilst the Defendant is the registered keeper of the vehicle, he has no genuine recollection of the purported offence alleged to have taken place some 14 months ago on the day in question.

Furthermore, the purported terms of a breach on the claimant’s signage: “Parked & Left Site” are neither clearly or predominantly in view and as such the Defendant was unaware that such parking restrictions were in place only that a time limit of 180 minutes stay being predominantly displayed on the signage.

In reference to the “CLAIMANTS CLAIM” section.

·         The Defendant is not indebted to the Claimant in reference to the sum quoted in the POC which is hugely exaggerated as £140.54 on private land and interest must not accrue on this greatly inflated total.  Furthermore, there were no damages incurred whatsoever. 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 a strong 'legitimate interest' extending beyond mere compensation for loss.

·         The Defendant requires the Claimant to provide strict proof of their allegations, not clearly evident in the POC. As such, the Defendant avers that the Claimant should serve full Particulars or complete an application if they require relief from sanctions and intend to change their pleaded case later in the process. To the Defendant's knowledge, there was no contravention and view the Defendant is not liable and has seen no clear evidence of a breach of prominent terms and is therefore unable, on the basis of the POC, to understand or respond with certainty what case, allegation(s) and what heads of cost are being pursued. 

The facts in this defence come from the Defendant's own knowledge and honest belief.  

Yours faithfully

Coupon-mad

No. Use the template defence.