Highview small claims defence letter - feedback appreciated!

bonbonvoyage

Hello all, 

I was issued a PCN 30/11/23 for overstaying the 2 hour limit (I stayed 3hrs5mins) at Waterfields retail park in Watford. I had made a small purchase and attended to another errand, believing it was a 3hr limit (did it use to be?!!). I was with my 5 month-old baby who I changed and breastfed in the car on arrival and the same before leaving - obviously adding a great deal of time to the trip.

Anyway, I've received the full compliment of letters from DCBL, threatening bailiffs, etc. I appealed the original ticket and wrote a letter to DCBL before gathering the brain muscles (...weak from mothering fatigue!) to properly read through the MSE Newbies thread. Now I have the N1SDT small claims court letter, I have submitted the AOS and copy and pasted the recent suggested template, adding my name at the top. If an experienced person is available here to help me put some welly into paragraph 3 or offer any further advice, it would be greatly appreciated! Here it is so far...

"...However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

3. The Defendant believed the car park allowed a stay of 3 hours and was curtailed in leaving due to necessity of breastfeeding and changing her 5 month old baby both on arrival and before departure. Breastfeeding is a protected characteristic under the Equalities Act 2010. Receipt for a purchase made on the retail site was provided."

Many thanks.

Coupon-mad

Please show us the POC.

1505grandad

What is the issue date?
What date is the AoS?

bonbonvoyage

Thanks guys, please find picture of POC attached. AOS was submitted 17/08. The N1 letter was issued 06/08 (arriving when we were on holiday).

KeithP

bonbonvoyage said:

Thanks guys, please find picture of POC attached. AOS was submitted 17/08. The N1 letter was issued 06/08 (arriving when we were on holiday).

With a Claim Issue Date of 6th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 9th September 2024 to file a Defence.

That's three 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'.

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

So it is alleged that the driver 'breached the terms on the signs (the contract)'.

And that allegation is then repeated - 'Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions'.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.
That in turn means that you would be unwise to mention anything in your Defence about overstaying - the driver is not accused of that.
This will be an easy win.

Coupon-mad

Which means you just use the alternative defence that includes CEL v Chan.

The one linked  in the third paragraph of the Template Defence itself that takes you to a post by me on hharry's thread.

bonbonvoyage

Okay, I have hharry100's 'Preliminary matter...' heading followed by his 2nd and 3rd paragraphs plus transcript re: CEL vs. Chan (thank you), paragraphs renumbered, followed by...

'...the Defendant was the registered keeper and driver.

5. The defendant visited Waterfields retail park with her 5-month old baby on 30/11/23. A bank statement showing a purchase made at Smyths was provided.'

... and the rest of the template defence. 

Will aim to send off early next week! 

LDast

Coupon-mad said:

Which means you just use the alternative defence that includes CEL v Chan.

The one linked  in the third paragraph of the Template Defence itself that takes you to a post by me on hharry's thread.

...or the short defence and draft order. Surely a contender for that?

Short defence

Draft order for the short defence

bonbonvoyage

Thanks LDast, I will check it out. 
One thing I forgot to mention - I've left it in my maiden name, as that's how they addressed it. All my docs have since been updated to my married name...

Coupon-mad

Leave it all in your maiden name throughout if it doesn't bother you much. Definitely easier not to have to change it.

The short Defence with a Draft Order attached is an option but IMHO not sufficiently tested thus far and it is worrying to provide no defence at all (which is what that short one does).

bonbonvoyage

Hi, I've received the N180 form and filled it in as per the Newbies instructions. Am I OK to select Yes for 'Suitability for determination without a hearing'?