Claim Form PCN Gladstone - defence help please!

ding_dong_diddily_do

Hi,
I just wanted to say I really appreciate all you guys do on here, I have found myself in rabbit holes with so much great information.
Anyway, 14 days of receiving the service was today or tomorrow. I have submitted my acknowledgement to defend all.
Now I need to do my defence.

Particulars of claim:

The driver of the vehicle with registration

ABC123 (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract") at ONE STOP SHOPPING CENTRE BIRMINGHAM (PATROL) - CENTRE

MANAGEMENT SUITE 2 WALSALL ROAD BIRMINGHAM

B42 1AA, on //2023 thus incurring the parking charge (the 'PCN'). The PCN was not paid within 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS

£100 for the PCN, £70.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £10.11 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

I have followed the template on hharry100 post as they do not stipulate the breach that actually took place.

I have copied the template and was intending to add my defence:

The provision of parking spaces is a service that must adhere to basic standards, specifically being 'FIT FOR PURPOSE.' The space allocated lacked sufficient room for safe access to the vehicle, as the defendant was unable to open their door or boot due to its proximity to a wall and obstructions from adjacent poles.

This situation rendered the trip, intended for collecting a large item from Argos, impractical, as they could not utilize the space effectively. The defendant has observed that this parking spot is often empty, and all of the other spaces with the same obstructions have been made into disabled parking spaces with extra space where even the disabled vehicles struggle to park within the lines, further demonstrating that this space is inadequate for customer use.

Moreover, the signage in the car park is insufficient and unclear, lacking visible terms and conditions for drivers. The disclaimer regarding management's liability further complicates matters, suggesting a lack of responsibility for the very issues that arise when using the space as designated.

The circumstances surrounding the incident clearly illustrate that the space was not fit for its intended purpose.

If any of you parking wizards have any comments or help. I would really appreciate it.

Thanks I advance!

LDast

What is the actual "issue date" of the claim? The 14 days to submit an AoS is not from the date you received it but 14 days from the date of service which is 5 days after the issue date or the next working day if that falls on a weekend or bank holiday.

So, what is the issue date of the claim and what date did you submit the AoS?

1505grandad

Who is the claimant?

Coupon-mad

I think your added para 5 is adding too much information that you know what the allegation is. Just deny any breach of a prominent term and state that the vehicle was involved in loading a large item and was authorised by Argos staff.

ding_dong_diddily_do

Issue date 03 OCT 2024
I submitted the AoS today
Claimant is Defence systems LTD  
Gladstones Solicitors for departments 

Should I completely strip back what I have said?
Should I mention signage at all?

Coupon-mad

Put what I said. That covers signs too...

ding_dong_diddily_do

The online defence particulars allow 122 lines. Is this where I insert the template along with the Chan extracts?

ding_dong_diddily_do

Sorry I have just read treat as read only after acknowledging. I have a delete button next to the response form now as I have already clicked on the defence button. Should I delete this now and send the template via email?

KeithP

ding_dong_diddily_do said:

Issue date 03 OCT 2024
I submitted the AoS today

With a Claim Issue Date of 3rd October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 5th November 2024 to file a Defence.

That's nearly 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'.

Coupon-mad

ding_dong_diddily_do said:

Sorry I have just read treat as read only after acknowledging. I have a delete button next to the response form now as I have already clicked on the defence button. Should I delete this now and send the template via email?

Yes.      

ding_dong_diddily_do

Hi, 
just an update.
I have received my small claims direction questionnaire 
is there anything specific I should be answering here?

What should I respond for:
suitability for determination without a hearing?
Thank you