Defense Help needed for parking fine claim

PCNBWNP

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver 

3. The Defendant had paid for parking for a one-hour session at the local shopping centre. Upon returning to the vehicle, it was discovered that one of the tyre was flat. The defendant had two children with them at the time and it became a stressful situation.

3.1 Once the tyre was replaced the defendant left the car park unaware that they had overstayed by 16 minutes

3.2 Appeals for the PCN were sent to Napier parking which made them aware of the flat tyre and children, this was rejected by the claimant.

4. 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:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(Ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

5. The Defendant denies (i) or (ii) have been met. The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished.

KeithP

Hello and welcome.

Do you have a County Court Claim against which you are planning to defend?
If so, what is the Issue Date on that Claim Form?
Have you filed an Acknowledgment of Service? If so, when?

Can you please show us the Particulars of Claim with just your personal detail hidden.

Who is the Claimant?

Where did this alleged parking event take place?

Apart from that, do you have a question?

PCNBWNP

Hello

Sorry for the zero intro, yes i do have a CC claim and are planning to defend using the resources on this blog. please see my answers below

If so, what is the Issue Date on that Claim Form? 10th APRIL, 2024
Have you filed an Acknowledgment of Service? If so, when? DONE AROUND 20TH APRIL, 

Can you please show us the Particulars of Claim with just your personal detail hidden. YES IN NEXT POST WILL ATTACH

Who is the Claimant? NAPIER PARKING LIMITED

Where did this alleged parking event take place? GLASS ST CAR PRK ST1 2ET

Apart from that, do you have a question? YES, WHATS YOUR VIEWS ON THE ABOVE DEFENCE (MY INITIAL POST) PARAGRAPHS 2 &3 ALONGSIDE THE REST OF DEFENCE TEMPLATE.

PCNBWNP

Please see image for claim form

KeithP

With a Claim Issue Date of 10th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th May 2024 to file your Defence.

That's one week away. Plenty of time to produce a Defence and it is good to see that you are not leaving 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'.

PCNBWNP

Thank you 

What do you think of the response 

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver 

3. The Defendant had paid for parking for a one-hour session at the local shopping centre. Upon returning to the vehicle, it was discovered that one of the tyre was flat. The defendant had two children with them at the time and it became a stressful situation.

3.1 Once the tyre was replaced the defendant left the car park unaware that they had overstayed by 16 minutes

3.2 Appeals for the PCN were sent to Napier parking which made them aware of the flat tyre and children, this was rejected by the claimant.

4. 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:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(Ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines.

5. The Defendant denies (i) or (ii) have been met. The charge imposed, in all the circumstances is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case'), which is fully distinguished.

Coupon-mad

I'd remove "unaware that they had overstayed by 16 minutes".  You don't know that.  I doubt you did.  More likely 6 minutes to drive in & find a suitable space to get the kids out safely THEN go over to the machine, read the tariff terms and pay and finally, 10 minutes allowed grace period at the end.

Or do you have the paid for ticket and left past the camera 16 minutes after expiry?

PCNBWNP

the later, bought ticket for one hour and left 16 minutes after the expiry

Coupon-mad

OK so maybe quote from the new incoming statutory DLUHC Code about broken down vehicles and say the Claimant knew the mitigating circumstances and the fact the Government considers ignoring breakdowns to be unfair.  The appeal should have been accepted and court avoided.

PCNBWNP

done, thanks for your advise, will let you know how it goes, you exp with BW do they retract or follow through to hearing often?

Coupon-mad

A bit of both.  Hard to call, so assume there will be a hearing.