on going DCB legal claim (mediation call review)

masterchief

Hi, the date on the top right corner is 30th october, I completed the AOS on 10th november

KeithP

masterchief said:

Hi, the date on the top right corner is 30th october, I completed the AOS on 10th november

With a Claim Issue Date of 30th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 2nd December 2024 to file a Defence.

That's two 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

I suggest a mixture of the first two for paragraph 3 of your defence:

The Defendant does not have a clear recollection of the specific details of the alleged parking incident, given the significant time that has elapsed since the event. However, the Defendant maintains that any signage, terms or payment machines relating to parking charges were not prominently visible at the time.  The Defendant avers that there was inadequate notice of any purported terms and conditions associated with parking and certainly nothing was seen about paying £100 or the extortionate enhanced £170. As such, the Defendant believes that the visibility and clarity of the parking instructions were insufficient to establish any contractual obligation to pay a parking charge of any sum at all.

masterchief

Thanks Coupon-mad!

masterchief

Do you think there's any benefit to saying I don't remember who the driver was? This was the signage in place according to google maps in 2018, I'm unsure what it was like in 2020. My argument is based on the faded ground markings and probably not seeing the sign on the wall or the blue pole as you enter the car park due to focussing on performing a left hand turn into the car park safely. 

Coupon-mad

No, admit to driving.

masterchief

Hi guys so I've spoken to my partner more about what she remembers and she said the ticket machine wasn't working, is this a more viable defence than poor signage?

Gr1pr

Both are valid legal points , don't limit the defence to one aspect, sometimes there may be half a dozen or more, more is better.  The template defence already makes a deal out of poor signage 

Coupon-mad

masterchief said:

Hi guys so I've spoken to my partner more about what she remembers and she said the ticket machine wasn't working, is this a more viable defence than poor signage?

So she was the driver?

And she is the named Defendant?

masterchief

Coupon-mad said:

masterchief said:

Hi guys so I've spoken to my partner more about what she remembers and she said the ticket machine wasn't working, is this a more viable defence than poor signage?

So she was the driver?

And she is the named Defendant?

Yes she is