Parking N180 form and defence during COVID Times

midlifecriswinks

Hi, I am about to send a defence off with the N180 court letter and came across the wonderful advice given on this site. Could anyone advise if I should change anything on the below re a Parking fine from a national private parking company who alleged I was 30 mins at a petrol station that only 15 mins was allowed during the height of COVID 19. I am just not great with words on paper and would be grateful for any help. 

I am writing to formally dispute a parking fine I received for an alleged overstay of 30 minutes in September 2020 at ...........address . Sorry my formal dispute on a previous document sent was not as descriptive I was sick and did what I could. I have tried to speak to the Debt collectors and was told the Cameras cant be wrong.

At the time, I was working as a Community Nurse during the height of the COVID-19 pandemic, and I believe the fine is both unjust and unreasonable for several reasons. 

 Firstly, the parking limit at the time was set to 15 minutes I was informed of this by the Debt collectors. , which has since been extended to 45 minutes. This change suggests that Euro Carparks has acknowledged the original limit was not sufficient for customers to use the petrol station's services. 

Mitigating circumstances make it impossible to Fuel and use services in such a short time of 15 mins. Covid 19 procedures that were adhered to from the Government and NHS to avoid contamination, such as cleaning handle of the pump before and after/ queue because of delays to follow procedure   2 meter restrictions. decontamination ect.

During my visit, I used the garage’s services to fill my car with fuel, buy a sandwich, and place an essential work call related to my duties as a nurse. I did not park and leave my vehicle; my actions were necessary to complete my work and maintain public health services. The NHS had asked all staff to not go back to the office unless completely necessary.

Moreover, I dispute the clarity of the signage at the time. I do not recall seeing any clear signs indicating a 15-minute limit, and if they were present, they were not prominent enough to catch my attention. I can only Guess they were blocked if they were there by Tanker or HGV.

Under UK law, car park operators are obligated to ensure that signage is clear and visible, particularly if they intend to enforce fines. This was not the case in my experience. This is backed up by , several newspaper articles at the time (Dec2020) raised concerns over the accuracy of Euro Carparks’ cameras and signage at this location. One person interviewed said she was there 10 mins.

Given that this was during the national lockdown, it’s reasonable to assume that maintenance of cameras and equipment may not have been prioritized, raising questions about the accuracy of the alleged 30-minute overstay. It is possible that the equipment malfunctioned or was not properly maintained/ calibrated especially given the pressures and restrictions of that period. 

 As a front-line NHS worker, I was under significant pressure, attending to urgent cases including end-of-life care, often working without the ability to return to my office due to COVID-19 restrictions. 

 

The circumstances were extraordinary, and I request that you consider showing leniency for essential workers during this unprecedented time. My role at the time required quick stops to refuel and grab food while managing urgent work calls, and the parking limit simply didn’t accommodate these needs.

I am currently unwell but can provide documentation from my employer verifying my role as a community nurse during that period if given additional time. I have enclosed My Payslip for Sep2020

I hope that you will take into account the exceptional circumstances of my work during the pandemic and the mitigating circumstances and reconsider this fine. Thank you for your understanding and consideration. I look forward to your response

KeithP

Hello and welcome.

I am a bit confused. You seem to be about to file a Defence, but at the same time you mention a 'N180'.
Usually a N180 doesn't come into play until after a Defence is filed.

You haven't mentioned it, but presumably you have a Claim Form from the Civil National Business Centre.
Can you please tell us the Issue Date on your Claim Form?
Have you filed an Acknowledgment of Service? If so, when?

midlifecriswinks

Sorry for the confusion I have a N180 to complete and I was going to attach my full defence with the N180 as I was poorly at the time of the first court letter that came and just wrote a couple of lines. I have until 17.10.2024 If the Acknowledgement of service is the letter the court send to write your defence on then yes I had that and wrote a few lines. Can I send my full defence with the N180 and is it worded the right way. I appreciate your help

Gr1pr

No you cannot add the defence to the N180, it would cost you a lot of money to change your defence, so the one you filed at the time is the only defence they will use, regardless of the content.  Had you only put in a full stop then a full stop would be the defence 

So you dont get a second chance, not without paying 

midlifecriswinks

oh no wish I had known this forum was here before. Wont they take into account I was poorly and tried my best to add something.  I thought I was going to a small claims court and was going infront of a judge with the defence.
thank you  anyway

Gr1pr

they may well do, but I believe that it costs more than £100 to change the defence you filed at the time, poor or not, its on record

just get the N180 done for now and deal with the aftermath when your local nominated court contacts you with directions to follow, which will include your Witness Statement and Exhibits bundle, next year

its currently a long way from a hearing in court in front of a judge, many hurdles to get over first, for both sides

Coupon-mad

midlifecriswinks said:

oh no wish I had known this forum was here before. Wont they take into account I was poorly and tried my best to add something.

 I thought I was going to a small claims court and was going infront of a judge with the defence.
thank you  anyway

You are.

But you can't change a defence unless you pay £119 for an application, OR if you qualify for Help with Fees (Google it). Do you qualify?

If yes: your application for permission to amend your defence due to illness, might cost you nothing.

If no: then you will have to use your Witness Statement to expand on your defence.  You are not yet at WS and evidence stage. The NEWBIES thread explains 'What Happens When' in the second post.