First Parking Claim

CubeKramer

Hi, 

I have just received a claim from First Parking / DCB legal for £262.76. Issue date 2/10/2024.
AOS submitted/received on MCOL.
I remember the work place PCN and had a valid scratch card for that day - but think I lost the PCN so never responded (I know this is not advised) and cant find any documentation sent. I dont think I ever accepted driver liability/responded.
Ive tried to get it cancelled at my work place but the lady in charge is always having a fag somewhere and Im now going on holiday for 2.5 weeks.

The wording on the claim is:

1. The defendant is indebted to the Clement for a parking charge  issued to vehicle ...... at address...  

2. The PCN(s) were issued on the 22 February 2024

3. The defendant is pursued as the driver of the vehicle for a breach of the terms on the signs (the contract).  Reason:  Parked while not displaying a valid scratch card or permit

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012 scheduled 4.  

And the Clements claims

1 £170 being the total of the PCN and damages

2 Interest at a rate of 8% per an pursuant to s.69 of the County courts act 1984 from the date here of at a daily rate of £0.03 until judgment or sooner payment.

3 Costs and court fees

I have sent a SAR and CPR31.14 and am writing my defence.

I was going to add the following to point 3 (but am not sure if too long winded - also it admits my liability as driver) and the rest of your kind template on the forum:

'On the date in question the defendant arrived at the hospital at 8 am and parked in the same parking space in the overspill unmarked carpark as the defendant has done for the past 15 years.
There is no clear signage in this carpark.
The defendant possesses a valid permit, but as the defendant is not a full time member of staff the defendant has to pay for daily scratch cards (a practice which is discriminatory against predominantly female part time members of staff).
The defendant had no scratch cards and could not buy one as the cashier’s office is only open between the hours of 1000 hrs-1230 hrs and 1400 hrs-1600 hrs.
The defendant is a busy hospital doctor and had to chair the gastrointestinal multidisciplinary team meeting and perform multiple liver biopsies for patients with metastatic cancer that morning. At the first free opportunity coinciding with the sparse cashiers opening hours the defendant went to the cashier’s office to buy a valid scratch card and put it in the car window.
A parking charge notice was attached to the car windscreen. However in effect no breach of contract occurred and the £2.50 parking fee for that day was paid.
This practice is clearly in breach of the published government guidelines, 'NHS patient, visitor and staff car parking principles.’
The guideline states ‘NHS organisations should work with their patients and staff, local authorities and public transport providers to make sure that users can get to the site (and park if necessary) as safely, conveniently and economically as possible. Additional charges should only be imposed where reasonable.’ It defines 'reasonable' as follows:
"additional charges for people who do not have legitimate reasons for parking (eg commuters) or who persistently flout parking regulations (eg blocking entrances). A period of grace should normally be applied before a parking charge is issued"
It is clear according to this guideline that the charges in this case are not reasonable under the circumstances.'

Do I stand any chance of getting this cancelled? Should I make the defence less long winded?

Thanks for your help and advice

KeithP

CubeKramer said:

I have just received a claim from First Parking / DCB legal. Issue date 2/10/2024.
AOS submitted/received on MCOL.

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

That's over 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'.

CubeKramer

Thank you - do I add photos to the defence or save that for court?

KeithP

No evidence gets filed with a Defence.

Gr1pr

Too much information in that defence draft, save the stories for the WS bundle, same with Exhibits

Keep the defence concise, to the point, mainly based on countering the POC on the left of the claim form 

CubeKramer

ok brillant thank you - I'll cut it right down

CubeKramer

so is this better:

3. On the date in question the defendant arrived at 8 am and parked in the overspill unmarked carpark. There is no clear signage leading up to or in the carpark. The defendant had no spare scratch cards and could not buy one as the cashier’s office is only open between the hours of 1000-1230 hrs and 1400-1600 hrs. The defendant had a busy clinic that morning but at the first free opportunity coinciding with the cashiers opening hours bought a valid scratch card and put it in the car window. A parking charge notice was attached to the car windscreen. The £2.50 parking fee for that day was paid.

Or do i just say I couldnt display a valid scratch card as there was no means to buy one (and the contract couldnt be formed due to poor signage - which is dealt with later on the the defence template)?

Coupon-mad

No, don't admit to not having a scratch-card and don't say what time you arrived.

Just say you work there and it is normal practice for staff to have to go inside to obtain scratch-cards from the cashier’s office. £2.50 was paid for a valid scratch-card that day and it was displayed as soon as it was obtained.  

CubeKramer

Thank you everyone for your input - its very kind of you all