Would greatly appreciate an opinion on the defence I have written.

griffy2008

I have 6 days from the time this is posted to send my defence. For some background the parking tickets were received in 2020, there is two charges. The car park I received the tickets from are on my gym car park. I believe I got the tickets as they are saying some of the spaces are allocated for the nursery next door, even though this shuts early in the day and I go to the gym on late evening. 

Dear Sir/Madam,

 

Re: Defence Statement in Response to Parking Ticket Claim by DCB Legal Ltd

 

I am writing to submit my formal defence in response to the claim brought against me by DCB Legal Ltd regarding an alleged parking infringement.

 

Defence Summary

 

      1.   No Valid Contract Formed

I assert that no valid contract was established due to inadequate and unclear signage within the car park. The terms and conditions were neither prominently displayed nor reasonably visible at the time of entry, making it impossible for me to review, understand, and agree to any terms before parking.

      2.   Unfair and Disproportionate Penalty

The amount claimed is grossly disproportionate to any potential loss incurred by the claimant. I submit that this charge constitutes an excessive penalty rather than a fair and reasonable pre-estimate of loss, which is in breach of the Consumer Rights Act 2015.

      3.   Lack of Authority to Enforce Charges

I request that the claimant provide documentation proving their authority from the landowner to issue and enforce parking charges on this property. Without this authority, I contend that the claimant lacks standing to pursue this claim.

      4.   Mitigating Circumstances as a Gym Member

The parking ticket was issued in the car park of Foundry Gym Dudley, where, at the time of the alleged offence, I was an active and paying member. My gym membership entitles me to use the facility’s parking as part of my membership benefits, and on the date in question, I was attending the gym as per usual. My use of the car park was therefore in line with my rights as a member, and I had a legitimate expectation of parking access as part of my membership. Additionally, at no point did I receive any warning or notification from the gym or the claimant regarding potential parking restrictions or policy changes. Given my compliance with the terms of my membership and the lack of notice provided, I respectfully request that the court dismiss this claim as unfounded.

 

Conclusion

 

For the reasons outlined above, I respectfully ask the court to consider these defences and dismiss the claim. I am prepared to provide further evidence and documentation, including proof of my gym membership, to support my position if necessary.

 

Thank you for your consideration of this matter.

 

So far this is what I have written.

Thank you for any suggestions.

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

You've mentioned DCB Legal Ltd, but who is the Claimant?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Grizebeck

Use the template defence

Gr1pr

Bin the proposal and start again using the template defence in announcements 

Coupon-mad

This has no legs:

"2.   Unfair and Disproportionate Penalty

The amount claimed is grossly disproportionate to any potential loss incurred by the claimant. I submit that this charge constitutes an excessive penalty rather than a fair and reasonable pre-estimate of loss, which is in breach of the Consumer Rights Act 2015."

Use the Template Defence and we need to know the answers to Keith's questions please:

    What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

You've mentioned DCB Legal Ltd, but who is the Claimant?

griffy2008

Sorry I couldn’t log into my account due to an issue with my email. I can’t seem to find the defence template anywhere? 

The claimant is Secure Parking Solutions LTD & issue date is 15/10/24.

KeithP

griffy2008 said:

The claimant is Secure Parking Solutions LTD & issue date is 15/10/24.

OK, you've answered two of my questions.
Can you now please answer these...

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

...and show us...

...a picture of the Particulars of Claim - with all your personal detail hidden of course.

Meanwhile, I'll assume you filed an Acknowledgment of Service sometime after 18th October and before 5th November. Please confirm.

With a Claim Issue Date of 15th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 18th November 2024 to file a Defence.

That's just a few days away but plenty of time to produce a Defence.

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'.