PCN

Coupon-mad

Those facts go in as your paragraph 3, using the Template Defence linked in the NEWBIES thread second post.

KeithP

With a Claim Issue Date of 13th September, you have until Wednesday 2nd October 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 Wednesday 16th October 2024 to file a Defence.

That's 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'.

Kd80

Thank you very much 

Kd80

Hi,
I am following the defence template in the newbie section and these are the parts I have added. Would you be able to to let me know what you think along with any suggestions on changing/adding information. Thank you

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle at the material time, but liability is denied, and any breach of terms is also denied. 

3. The defendant’s car was parked in XXXXXXX  on 23/12/2023 as noted by the claimant. The defendant was a customer of XXXXX restaurant which is located above the underground car park. The PCN alleges the vehicle paid less than tariff displayed.

3a. The defendant parked their car in XXXXXXX restaurants designated bay and took note of the restaurants parking sign in front of the bay which stated that there was 2 hours free parking and that a fee was payable after 2 hours.

3b. The underground car park where the defendant was parked was inadequately lit at the time of parking with insufficient signage. As a result, it was difficult to clearly see the signage regarding parking rules and restrictions. The signage was cluttered and as a result, the defendant was unaware of the specific parking regulations in place.

3c. The defendant spoke to staff at the XXXXX Restaurant about the parking. The defendant was told that parking was required after 2 hours and told the defendant to download the Parkonomy app and to enter the time after a 2 hour stay.

3d. The defendant followed the instructions, download the app and added the time after 2 hours as this was free. The defendant maintains the correct procedure was followed to allow for parking whilst visiting XXXX Restaurant, and it can not be the fault of the defendant that there was insufficient lighting and that the sign was not easy to see, read and understand.

3e. The defendant notes that the car park way empty and that there has been no financial loss to the claimant.

KeithP

Did you file an Acknowledgment of Service within the suggested timescale?

Kd80

Yes I did on 25/09

Coupon-mad

That defence looks fine.  Seems you did nothing wrong.

1505grandad

"3a. The defendant parked their car in XXXXXXX restaurants designated bay and took note of the restaurants parking sign in front of the bay which stated that there was 2 hours free parking and that a fee was payable after 2 hours."

Is This missing in the following  -  perhaps here (X)?:-

"3c. The defendant spoke to staff at the XXXXX Restaurant about the parking. The defendant was told that parking  (X) was required after 2 hours and told the defendant to download the Parkonomy app and to enter the time after a 2 hour stay.

Kd80

Brilliant, I will email that and add the fee was payable part. Thank you 

Kd80

Hi, I have received a N271 stating that my claim has been transferred to a local county court. The Claimant is Total Car Parks Limited. Do I now prepare my WS and wait for a date? I was hoping they would discontinue.