Feedback on N1 Claim Form Defence

StanksTurbboDrips

Good Afternoon,

I was a little late to the party finding this Forum to help with my appeal, so would just like some feedback on my defence email to CNBC. I have already submitted my AOS. Please let me know if any further information is required from me as well.

The appeal is against CP Plus T/A GroupNexus and they're using DCB Legal. I was in a service station for 8.5 hrs and knew I would be there for that amount of time, but was unable to pay for all day parking due to their website instability and when I could get on the site for a brief 30s or so, I couldn't find anywhere where it would let me pay for parking. I am also quite computer literate, so I don't believe I was being an idiot!

To summarise, my method so far has been to reply every so often to say something along the lines of "This is NOT an appeal, I will be more than happy to pay provided you can provide me with XYZ", with that usually mentioning things like proof of damages and evidence CP Plus own the land. Upon reading this site it appears this was not the best strategy but oh well can't do anything about it now. So my defence is as follows:

3. The Defendant parked at [SERVICE STATION NAME REDACTED - PERSONAL INFO] on DD/MM/2023 in order to meet a friend who would be taking him to the football and back later that day.

4. Whilst unable to see the “prominently displayed Terms and Conditions” that the Claimant’s legal team claim to exist, the Defendant looked around for a ticket machine to see if there was any way to pay for extended parking, as the Defendant knew he would be parked there for most of the rest of the day.

5. Being unable to locate said ticket machine, whilst the Defendant purchased a drink inside [SERVICE STATION NAME REDACTED - PERSONAL INFO] he went out of his way to use his Mobile Phone to visit the website of [SERVICE STATION NAME REDACTED - PERSONAL INFO] in order to look for a place to pay for extended parking. Not only was the website comically slow to load, but the formatting on the Mobile version of their website was quite frankly, pathetic and didn’t function correctly. The Defendant spent over 10 full minutes attempting to find any possible place to locate how to pay for extended parking, in-between the website automatically refreshing every 30 seconds or so, making it impossible to pay or even use the website at all.

6. The Defendant has also been frequently harassed by the both the Claimant and the Claimant’s legal teams despite the Defendant having sent numerous letters to both parties asking for basic information relating to the claim.

7. Additionally, the Claimant and their legal team appear to believe that the Defendant has appealed the initial fine, despite the Defendant “prominently displaying” on each of their correspondences that they are not issuing an appeal on their letters.

8. The Claimant will concede that no financial loss has arisen... etc etc

I just want to run this by someone to check all is ok before submitting, would appreciate any feedback, many thanks!

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.

StanksTurbboDrips

@KeithP

Thanks for the welcome. The Issue Date on my Claim form is 10/06/2024, I did the AOS earlier today. Was actually half way through writing up my appeal on MCOL website before double checking to see if there was better advice around, therefore finding this forum!

KeithP

StanksTurbboDrips said:

@KeithP

Thanks for the welcome. The Issue Date on my Claim form is 10/06/2024, I did the AOS earlier today. Was actually half way through writing up my appeal on MCOL website before double checking to see if there was better advice around, therefore finding this forum!

Stop writing on the MCOL website!!

With a Claim Issue Date of 10th June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 15th July 2024 to file your Defence.

That's over 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 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'.

StanksTurbboDrips

@KeithP

Oh yeah of course, once I read the forum I deleted the claim. Followed the Newbie thread and am now at the stage of emailing CNBC. I would rather not wait and would like to sort this as quickly as possible as I'm moving job and house soon and frankly don't have the time to be spending any longer on this than I need to as I'm busy enough as is.

Gr1pr

Its not an appeal that you will be emailing, it's a defence 

I suggest that you adapt the template defence by coupon mad in the defence template thread, using ALL of it , saving the final draft as a pcn

Group nexus will definitely not own the land, just a parking contractor acting under the C P Plus banner 

I think that 6 7 & 8 need removing 

If the defendant was unable to pay, they should have left promptly 

StanksTurbboDrips

@Gr1pr

Thanks, the adaptation of the template defence by CouponMad is what this is. For brevity I've only included the section where he writes "3. [EXPLAIN IN YOUR OWN WORDS...NB: defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me'] etc etc."

I will change the section about GroupNexus not owning the land. I was just looking for as much ammo as I could include against them. Is the rest of it acceptable would you say?

StanksTurbboDrips

Ahh apologies, I've just seen your updated post. Thank you, I'll update that

Coupon-mad

I don't like the defence facts at all. Reads like you dumped the car (knowing you had not paid to park) whilst going to a football match

StanksTurbboDrips

@Coupon-mad Thanks, I'll tweak it to remove mention of a football match. I'll focus more on the website not working therefore making it impossible to pay

LDast

What do the PoC state on the claim form? It is the cause of action in those PoC that you are answering in your Defence.

As a matter of interest, what made the driver decide that not being able to pay allowed them to remain on the private land? Is the keeper surprised that they have received a county court claim?