Claim for from euro car parks please help

Rushey29

hi
can i put my defence on this thread please and ask if anyone would look at it please or shall is send it to someone direct.

Many thanks

Gr1pr

Just post the few paragraphs that you changed, below 

Do not post the rest of the template defence, only your homework needs checking 

Rushey29

DEFENCE

 

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

 

3.  I Appealed to euro car parks initially but upheld and referred to Popla.

I then Appealed to Popla but again was upheld. 

I vaguely remember on the day in question as it was during the first lock down and I had not been to Syston for a long time. I remember It was a Sunday when I went during the lockdown period to pick up an essential item from one of the private premises in the Syston square precinct. I contacted the person who I was purchasing an item from to come and meet me at my car due to social distancing. I did ask them if it was ok to park and they said yes it doesn't charge at the moment. I did notice the parking the machines were not visible. Also, most parking places around the local area were allowing free parking due to the current lockdown period. I proceeded to park and was only parked for exactly 11 minutes.  I do remember the last time I was there the car park was free on a Sunday. As you can imagine I was shocked to then receive a parking fine for £100. I googled online how much the charge should have been had I been able to pay and it was 50p. I wrote immediately to Euro Car parks and offered them the 50p charge plus any postage costs but they turned down my appeal. I am now writing to you as I feel that the charges are extortionate for the amount of time I parked (11 mins). 

 I would like to say that in no way am I disputing that I didn’t park there nor that I didn’t pay, I am merely stating the signage was obscure, not legible and confusing. I am also disputing the high amount charge that Euro carparks submitted to me for a 10-minute stay. Most car parks offer a 10- minute grace, and this was something that has been brought up time and time again against private car parking companies and through watchdog. As stated, the shopping centre was completely closed due to Covid restrictions, and I assumed the car park would not be charging throughout this time as the majority of on street and pay and display car parks were offering free parking during the shutdown period. I did ask the person who lived in the flat in the area and he said it was ok to park there for the time I did. The signage was obscure and was not legible. The photos you have given in evidence of the parking machines and signage do not state any dates or times which doesn’t prove that they were legible and not obscured on the day in question. Also, you state that I parked on private land, can you please provide evidence of who owns the land please. The cost that I should have paid and displayed was 50p so I would like to know how Euro carparks came to the charge of £100 which is so extortionate. I did offer to pay the amount and still will pay a reasonable cost to them if they cancel the charge. I have googled and read lots of threads and forums about Euro carparks and I must say they are not very positive. This is my first dealing with them so I am hoping by me appealing in a nice manner, being honest and not disputing the fact that I did park on Town Square car park and that it was within the lockdown period due to Covid 19 that this will go in my favour and that your decision will restore some confidence in me about euro Carparks

I have changed addresses over the last few years and so didn’t receive letters.

 

5. The Defendant had not noticed any signage close to the where she had parked her vehicle, showing the terms and conditions for use, the Defendant was not aware of any restrictions that applied in the car park due to obscure signage which was impossible to read from where the defendant had parked. The small signage was not suitable to alert a motorist. Due to the age of the alleged breach of alleged contract which is nearly 5 years old the Defendant is unable to recall the exact reason for the PCN(s), which is a parking charge notice. 

 

Statement of Truth

I believe that the facts stated in this defence are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Le_Kirk

Check the template defence for format,  grammar and style then fit a much shortened version of what you have written as paragraph #3. What you have written is a war and peace version of a witness statement and it almost reads like a personal plea to the judge. Do NOT admit to anything. 

Rushey29

Ok. Thanks for your comments. Any suggestions of what i should take out?

Rushey29

Hi

Is this any better? any comments or what i should change greatly appreciated. Also i sent my AOS on the 13.11.24, when is my deadline for the defense please
Thanks

3.  I submitted an appeal to euro car parks initially but it was upheld and referred to Popla.I then submitted an appeal to Popla but again it was upheld. 

I vaguely remember on the day in question as it was during the first lock down and I had not been to Syston for a long time. I was visiting a private premises in the Syston square precinct. I contacted the person who I was purchasing an item from to come and meet me at my car due to social distancing. I did ask them if it was ok to park and they said yes it doesn't charge at the moment. I did notice the parking the machines were not visible. Also, most parking places around the local area were allowing free parking due to the current lockdown period.

I am disputing the high amount charge that Euro carparks submitted to me for a 10-minute stay. Most car parks offer a 10- minute grace, and this was something that has been brought up time and time again against private car parking companies and through watchdog. As stated, the shopping centre was completely closed due to Covid restrictions, and I assumed the car park would not be charging throughout this time as the majority of on street and pay and display car parks were offering free parking during the shutdown period. The signage was obscure and was not legible. The photos you have given in evidence of the parking machines and signage do not state any dates or times which doesn’t prove that they were legible and not obscured on the day in question. Also, you state that I parked on private land, can you please provide evidence of who owns the land please. The cost that I should have paid and displayed was 50p so I would like to know how Euro carparks came to the charge of £100 which is so extortionate.

5. The Defendant had not noticed any signage close to the where she had parked her vehicle, showing the terms and conditions for use, the Defendant was not aware of any restrictions that applied in the car park due to obscure signage which was impossible to read from where the defendant had parked. The small signage was not suitable to alert a motorist. Due to the age of the alleged breach of alleged contract which is nearly 5 years old the Defendant is unable to recall the exact reason for the PCN(s), which is a parking charge notice. 

 

KeithP

Rushey29 said:

I sent my AOS on the 13.11.24, when is my deadline for the defense please

I gave you that information in my post on your thread on 12 November at 3:56PM.

You will have seen that Defences are traditionally written in the third person.

...and there is no letter 's' in the word defence.   

Rushey29

Thanks. Got the date for defence. 

I will amend to read the defendant where i have used I or Me.

does the rest of it look ok?? 

Rushey29

Here is an amended version

3.  The defendant submitted an appeal to euro car parks initially but it was upheld and referred to Popla.The defendant then submitted an appeal to Popla but again it was upheld. 

The defendant vaguely remember on the day in question as it was during the first lock down and had not been to Syston for a long time. The defendant was visiting a private premises in the Syston square precinct and contacted the person who the defendant was purchasing an item from to come and meet at the defendants car due to social distancing. The defendant did notice the parking the machines were not visible and most parking places around the local area were allowing free parking due to the current lockdown period. 

The defendant is disputing the high amount charge that Euro carparks submitted to them for a 10-minute stay. Most car parks offer a 10- minute grace, and this was something that has been brought up time and time again against private car parking companies and through watchdog. As stated, the shopping centre was completely closed due to Covid restrictions, and the defendant assumed the car park would not be charging throughout this time as the majority of on street and pay and display car parks were offering free parking during the shutdown period. The signage was obscure and was not legible. The photos you have given in evidence of the parking machines and signage do not state any dates or times which doesn’t prove that they were legible and not obscured on the day in question. Also, you state that I parked on private land, can you please provide evidence of who owns the land. 

Coupon-mad

Rushey29 said:

Here is an amended version

3.  The defendant submitted an appeal to euro car parks initially but it was upheld and referred to Popla.The defendant then submitted an appeal to Popla but again it was upheld.  The defendant vaguely remember on the day in question as it was during the first lock down and had not been to Syston for a long time. The defendant was visiting a private premises in the Syston square precinct and contacted the person who the defendant was purchasing an item from to come and meet at the defendants car due to social distancing. The defendant did notice the parking the machines were not visible and most parking places around the local area were allowing free parking due to the current lockdown period. 

The defendant is disputing the high amount charge that Euro carparks submitted to them for a 10-minute stay. Most car parks offer a 10- minute grace, and this was something that has been brought up time and time again against private car parking companies and through watchdog. As stated, the shopping centre was completely closed due to Covid restrictions, and the defendant assumed the car park would not be charging throughout this time as the majority of on street and pay and display car parks were offering free parking during the shutdown period. The signage was obscure and was not legible. The photos you have given in evidence of the parking machines and signage do not state any dates or times which doesn’t prove that they were legible and not obscured on the day in question. Also, you state that I parked on private land, can you please provide evidence of who owns the land. 

Remove all the bits in bold.

Of course your defence will in fact be 30ish paragraphs because you are using the Template Defence para 4 onwards. (Don't show us the template though as that gets very boring! We do this every day).