Defence for Parking Claim - advice please! (Civil National Business Centre)

A_JS

Coupon-mad said:

A_JS said:

(Also is it worth mentioning now that I did receive letters in 2021 that I ignored)  ... 

If so would it be sensible to go no further with this and make the payment... ?

Sorry?!

Errr...NEVER.  Even if you lose at a hearing you'd pay less than this claim!

Paragraph 8 has too much information, given you are saying the POC doesn't explain the breach. Don't fill in the gaps for them.

Thank you for advice Coupon-mad, how is this:

8. The presence of the vehicle at the specified location is admitted. The Defendant is believed to have entered (*****Road) car park on the 14/11/2021 at: 20:00 and exited car park at: 20:19, the total duration that the vehicle was stopped here was less than 20 minutes. The Defendant’s Solent NHS "Essential Visitor" Parking Permit was clearly displayed in the windscreen of the vehicle; the Defendant was a permitted visitor using the car park appropriately and there has been no loss nor detriment caused to the owner. While the courts might hold that a large charge may be appropriate in the case of a public car park, essentially as a deterrent, there is nothing in the case to suggest that a reasonable person would accept that this 'fine' of £216.94 (plus £35.00 court fee and legal costs of £50.00 totalling £301.94) is a conscionable amount to be charged under these circumstances. Photographic evidence of Defendants Permit will be provided to the court.

Coupon-mad

I just think remove 8 and save that for WS stage later on (see NEWBIES thread).

A_JS

Thank you Coupon-mad. So just to clarify please, only include:

The facts known to the Defendant:

 

7. The facts in this defence come from the Defendant's own knowledge and honest belief. The vehicle in question is recognised, and it is admitted that the Defendant was the registered keeper and driver, but liability is denied.  

(Above this I keep paras 1-6 re Chan/Wakefield/Luton etc)

Coupon-mad

Hmmm ... no ... are we now left with no facts? 

That's not right. I assumed as this went to para 8 that there some facts about the car park above that, sorry.

No, you definitely need some basic facts but NOT responding to an allegation that isn't there in the POC.  Maybe just half of it then:

8. The presence of the vehicle at the specified location is admitted and the total duration that the vehicle was stopped here was mere minutes. The Defendant’s Solent NHS "Essential Visitor" Parking Permit was clearly displayed in the windscreen of the vehicle; the Defendant was a permitted visitor using the car park appropriately and cannot tell from the POC exactly what the allegation might be.

A_JS

Thank you @Coupon-mad , I appreciate your assistance!

Just to check please, at this stage I do not know which court the hearing would be held in. Therefore I keep my defence generic with?:

IN THE COUNTY COURT                                                                                                    Claim No. xxxxx

 

Between

 

Civil Enforcement LTD

 

(Claimant)

Coupon-mad

Yes.       

A_JS

@Coupon-mad, thanks again.

At WS Bundle stage (I know I am not here yet, but trying to prepare early), can you direct me to any other users/ thread who may of put something together that is appropriate/applicable to my circumstances please?

Coupon-mad

They are in the NEWBIES thread.

5 username links are there to show new posters what to do.

A_JS

Can someone please kindly confirm the up to date email address to send defence, is this: ClaimResponses.CNBC@justice.gov.uk?

KeithP

A_JS said:

Can someone please kindly confirm the up to date email address to send defence, is this: ClaimResponses.CNBC@justice.gov.uk?

The template Defence thread is bang up to date in this respect.