County court parking defence for keying error

Jim505

Need advice before submitting my defence please 

Jim505

Hi I'm submitting a defence for only 1 character being entered at a parking payment terminal, the ticket was displayed in the windscreen and left within the allocated time slot. is the below statement OK?

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 but not the driver.

3. The defendant can confirm that the vehicle was parked in All Saints Colchester car park.

The driver paid for parking and Euro Car Parks Limited has confirmed that they received this payment of £5.00

The Defendant avers that it will be common ground that the correct fee of £5.00 for 6 hours parking was paid.  The driver parking whilst shopping, made a common mistake mistyping the vehicle registration whilst purchasing a ticket. The Claimant was immediately alerted to this with an early appeal by the Defendant. A professional parking operator would have cancelled the parking charge because an incorrect vehicle registration plate is not a valid or lawful justification to penalise motorists.  There is no legitimate interest in pursuing a motorist for a mere typo and the Government confirmed this fact in February 2022. The incoming statutory Code of Practice (now being finalised by the new Government)  requires all 'keying error' cases to see all PCNs cancelled because VRM entry with such a disproportionately punitive financial risk places an unfair burden upon consumers 'out of all proportion' to the alleged breach and fails the test of fairness (s71. Consumer Rights Act 2015).

Jim505

I am the defendant, and owner of the vehicle but my partner was driving.

thanks 

Gr1pr

Please post the issue date for the claim form, plus the date you completed the AOS online 

ECP appear to have failed to apply the minor keying error point in the BPA CoP version 8 January 2020 for such a minor error, disgraceful. !

Jim505

the issue date is 30/10/24
AOS was completed 11/11/24

Gr1pr

So your defence is due by 4pm today, by email 

Jim505

yes i will be sending the above paragraphs as part of the template defence today to ClaimResponses.CNBC@justice.gov.uk 

just wondered if there is anything is should add? thanks 

Coupon-mad

No - it looks good!

Car1980

"There is no legitimate interest in pursuing a motorist for a mere typo that is clearly de minimis, and the Government..."

I'd stick in de minimis personally.