Sip Parking fine for being late back to car

KimJongPoon

Hello, 2 years ago i was late leaving a car park in manchester and recived the usual stuff through the post until recently i recived a claim form. so far i have done the Aos and i am writing my defence. 

So far i have wrote -

3. On 08/04/22 The defendant entered a car park on gun street and paid for 1 hour parking at £3, The defendant then returned and paid for another 1 hour parking at £3. The defendant returned to the car running slightly late due to unforeseen circumstances in the building they were visiting and left the car park believing that they would be in their grace period. 

4. When a pcn arrived a few weeks later the defendant contacted sip parking and explained what had happened and stated they had paid for parking twice paying £6 in total and sip parking offer 4 hours of parking for £5. The defendant then offered to pay for a further 1 hour parking at £3 totaling £9 for 2 hours and a few minutes of parking to correct their mistake of being late back to the car. Sip Parking refused that offer in seek of a £100 pcn. 

I dont really know what else to write so any help would be appreciated greatly

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Can you please show us the Particulars of Claim from your Claim Form - with personal detail hidden.

KimJongPoon

Thanks for your reply,

The issue date is 23/04/24

i submitted my aos on 30/04/24

KeithP

KimJongPoon said:

The issue date is 23/04/24

I submitted my aos on 30/04/24

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

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.
This will be an easy win if you use the linked alternative defence found in the template defence thread.

With a Claim Issue Date of 23rd April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 28th May 2024 to file your Defence.

That's over two weeks 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'.

KimJongPoon

Insufficient fee paid, isnt that what the driver has done wrong?

Also where can i find the alternative defence? Ive had a look for it but can only find the one ive used out of the template defence folder

KeithP

KimJongPoon said:

Insufficient fee paid, isnt that what the driver has done wrong?

Ah yes. You're right. Don't know how I missed that. Sorry.

KimJongPoon said:

Also where can i find the alternative defence? Ive had a look for it but can only find the one ive used out of the template defence folder

In which case the standard template Defence should be used.

But just out of interest, the alternative defence wording is mentioned within the standard defence template where it says...
"Most claims do not even state the alleged breach. If yours doesn't state what the breach was, add the paragraphs and judgments seen in the defence by @hharry100  here:

https://forums.moneysavingexpert.com/discussion/comment/80343627/#Comment_80343627

and change the paragraph numbering."

Coupon-mad

'Debt damage costs' LOL!

KimJongPoon

ahh so thats where it is, i forgot there was links in the template itself.

So with my defence is what ive wrote good enough or does it need to be stronger, does it need wording different?

KimJongPoon

Anymore advice on my defence? Any changes or things to add before i send it off

Coupon-mad

Are you using the standard template Defence?

KimJongPoon

Yeah ive just copied it from the template and added the bits ive posted to it