Another one bites the dust

GreenDog1

So after submitting AOS today and having a little read and copying the defence template this is what I have for paragraph 3. I’m not sure if it’s too long

“ 3.The Defendant parked in the car park on the xx/xx/2023 to drop off his friend after a paddle boarding session then proceeded to help him clean all of the equipment, At that time the signage wasn’t visible from the defendant’s parking position due to foliage and other vehicles.  As such the defendant wasn’t aware of any applicable restrictions. On date xx/xx/2023 the Defendant came to pick up his friend and his girlfriend to drop them both to the airport, At that time, poor lighting rendered the signage impossible to see, preventing any reasonable opportunity to understand the parking terms. The defendant wasn’t aware of any changes to the car park until receiving the two parking charge notices from xx/xx/2023 and xx/xx/2023 within the same week. The third PCN was issued after the Defendant parked at the same location on xx/xx/2023 while visiting the his friend for BBQ, the Pub was closed at the time which means the touchscreen registration system was therefore inaccessible. While the option to pay via mobile existed, the Defendant did not have their card available on that occasion.  

3.1 To the Defendant’s knowledge the Defendant’s friend, who was aware of the permit system, failed to inform the Defendant of the requirement to scan a QR code to register. Moreover, the friend repeatedly assured the Defendant that the parking charge notices would be resolved and instructed the Defendant to pass the notices to them. Acting in good faith, the Defendant relied on these assurances and did not take further action, believing the issue had been handled.”

Coupon-mad

No, too much information.  Certainly don't talk about the passenger knowing about the rules or promising to 'sort it'. 

Just copy the vague 'denial of paragraphs in the POC' style that you saw when you searched or browsed five or six other exact same defence threads.

GreenDog1

Coupon-mad said:

No, too much information.  Certainly don't talk about the passenger knowing about the rules or promising to 'sort it'. 

Just copy the vague 'denial of paragraphs in the POC' style that you saw when you searched or browsed five or six other exact same defence threads.

Okay thank you I deleted the whole paragraph about my passenger and replaced it with 

4. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on XXX, XXX and XXX" (the date of the visits).  Whilst the Defendant was the keeper and driver, the rest of paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations

Coupon-mad

That'll do nicely.

GreenDog1

Forgot to ask, since it states on the POC that the reason was: Payment not made/permit not obtained in accordance with notified terms can I use the whole Paragraph 2 from defence template or do I just edit it to this:
“The facts in this defence come from the Defendant's own knowledge and honest belief.  Moreover the vehicle is recognised and it is admitted that the Defendant was the registered keeper and the driver.”

Gr1pr

Its not usual to delete anything, just to add that extra part at the end 

Coupon-mad

Leave it exactly as it is.

GreenDog1

Hello again, it might be stupid but I have received my “notice of proposed allocation to the small claims track” and it states that “the defendant has filed a defence, a copy of which is enclosed” however apart from my N180 I didn’t receive anything else in that letter 

Coupon-mad

Please re-read your first 12 steps you were following (Template Defence thread).

GreenDog1

So I’m in the process of starting my witness statement because I have received “their” witness statement that apparently they going to use in courts in June. I had a little read and it’s written quite poorly. I’ve seen that for their they used the wrong land plan and below they wrote a date that’s couple of years before they started operating on that land, also they used to sign for the completely wrong park. Could I use this against them especially that I have evidence which are pictures of the car park signs that are mounted to the lower portion of the wall which you wouldn’t be able see if you parked in the middle of the car park?