Help with Defence

HondaJohn

Hi all,

I have been avoiding a parking fine for over 4 years now and have finally been issued a claims form. I was honestly thinking of paying it as I feel like I don't have the mental capacity to deal with writing a defence and the possibility of court, but I really can't afford it. 

I've read through the newbies section and it's really helpful and encouraging. I was wondering if anyone could offer advice on what to write for paragraph 3 of the defence, as really I was in the carpark without a valid pay and display for which I can't think of a defence to that.

Thanks 
(Image removed by Forum Team)

Coupon-mad

This is easy and there will be no hearing.

1.  You defend, following all advice in the NEWBIES thread

2.  DCB Legal contact you, offering lower settlement sums, which you ignore

3.  DCB Legal discontinue the claim in 2025, because they aren't seeking hearings against well-informed Defendants

4. Scam over. No hearing; no costs.

Show us your intended paragraph 3 to add to the Template Defence. It needs to deal with the allegation of not paying or getting a permit. What happened 4 years ago at the Meadows retail park?

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?

If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

DE_612183

looks like 31/07/2024 @keithp

KeithP

DE_612183 said:

looks like 31/07/2024 @keithp

You may be right. I'll let the OP confirm it.  

HondaJohn

Thanks Coupon - mad and Keith P. 
I filed the AoS yesterday following the advice in the newbies thread with the issue date being the 31/07

I am starting to draft my paragraph 3, but essentially it was at the height of Covid I was visiting a wilko store and didn't realise the carpark was in operation due to Covid, and was picked up by ANPR cameras. I did ask the shopping centre if they could help with the claim but they refused. 

KeithP

HondaJohn said:

I filed the AoS yesterday following the advice in the newbies thread with the issue date being the 31/07

With a Claim Issue Date of 31st July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 2nd September 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 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'.

Coupon-mad

OK, so state that this was during 2020 Covid lockdown/social distancing times, and the Claimant is put to strict proof that any pay and display machine was not only in operation but also prominently visible and accessible to those queueing to use Wilko.  The car park in fact appeared not to be operating (pay & display machines in public places at that time were usually covered up to avoid risk of touching keys & buttons and transferring the virus). Any contract or breach is denied and the Claimant is put to strict proof of all their allegations.

HondaJohn

Thanks for the replies, it's really encouraging! I've drafted my paragraph 3 as so:

 

3. The Defendant was a patron at Wilko store in The Meadows Retail Park, was a genuine customer and remained on site throughout their visit. The Defendant asks The Claimant to provide proof that during the social distancing measures in place at the time, that any pay and display machine was not only operational but also prominently visible and accessible to those visiting Wilko. Any contract is denied and The Claimant is to put strict proof of all of their allegations.

Coupon-mad

Looks OK to me.

HondaJohn

Is there anything else specific to euro car parks limited that I should include in my defence? Or anything specific about my circumstances? I've tried searching throught the forum but a lot of threads end without the OP actually saying a lot. I have mostly used the template defence from the newbies thread.