Creating Defence for Parking beyond the Bay Markings

EnfysCat

Hi
Thanks to all those giving us all the help needed to fight these ridiculous parking fines.
I have read through the newbie threads and followed the advice so far (though unfortunately after trying to appeal after the initial panic of receiving PCNs) as found this page after trying the initial online appeal process. I now have the Claim Form issue date 29th November 2024 and am trying to write my defence.
In my case, the carpark layout is part gravel, part grass and mainly tarmac. The signage specifically says "vehicles must be parked wholly within the lines of a single marked bay (when present)"
However, whilst many bays are full rectangles, many are lined in part, for example approx 1m white lines from the edge of the carpark perimeter and many are so worn, they are barely there.
I parked in a space between two other vehicles in a line as, it appeared, this space had been vacated earlier. There were no lines at this point so my argument is in this case the lines "weren't present". 
Having received the PCN, I had to return to this particular carpark weekly and see on almost every occasion there is a line of cars in the exact spot almost always with parking notes saying they may have breached the rules, or words to that effect. A little piece of card inside a clear plastic cover under the wiper, which I didn't notice till I'd driven off and stopped elsewhere.  They have an attendant who walks around checking cars for displaying tickets who saw me park in that spot but didn't tell me it wasn't allowed. Maybe he was on commission so the more tickets and photos taken/issued, the sooner he can go home/more he gets paid??
I cant see a defence worded correctly to this effect so can anyone point me in the right direction? Am I allowed to say this is clearly a money making scheme to get more out of the carpark through fines? 
The do have crosshatched areas, cones, bollards and wooden stakes showing where you cannot park so should have more of this in my opinion.
Thanks in advance for any help.

Umkomaas

I now have the Claim Form issue date 29th November 2024 and am trying to write my defence.

Have you Acknowledged Service (AOS) with the court?  If so on what date?  This will help forum regular @KeithP to provide you with some pointers and key dates to get you underway in defending the charge. 

A little piece of card inside a clear plastic cover under the wiper,

I'm guessing the Claimant is Vehicle Control Services?  Which solicitors are representing them?

Have you read the NEWBIES FAQ Announcement, second post, which gives you guidance on defending a claim, and the Template Defence Announcement, which provides you with an almost complete Defence to use. Both these Announcements are near the top of the forum thread index, one page back from here. 

EnfysCat

Hi
Thanks for your response.
Yes, did my AOS on 16th December, received 17th December. Now believe I have to input my defence by today so have copied the template into MCOL as best as possible and emailing them too.
Its Excel Parking using DCB Legal.
Presumably not much will happen as we are New Year but I have lots of photos and explanations ready to go in witness statement/evidence.
I know it's too late for help with defence now so will likely be back to check with evidence etc.
Happy New Year.

Umkomaas

EnfysCat said:

Hi
Thanks for your response.
Yes, did my AOS on 16th December, received 17th December. Now believe I have to input my defence by today so have copied the template into MCOL as best as possible and emailing them too.
Its Excel Parking using DCB Legal.
Presumably not much will happen as we are New Year but I have lots of photos and explanations ready to go in witness statement/evidence.
I know it's too late for help with defence now so will likely be back to check with evidence etc.
Happy New Year.

No ..... don't do that. It will never provide enough characters to enable the forum Defence Template to be used. It will cut it off very short as well as destroying any text formatting. Send the defence only via email. 

Two questions, please:

1. You are using the forum Template Defence from the Announcement near the top of the forum thread index, aren't you?

2. Are you following the 12 steps detailed in the above, and the general advice on how to defend a court claim shown in the NEWBIES FAQ Announcement, second post?

In case you aren't aware, Excel is a sister company to Vehicle Control Services. Not that it matters at this stage of the game, but sometimes VCS issue documents instead of Excel (and vice versa), which could be lethal to their case later - keep your eyes open for that possible eventuality. 

EnfysCat

Hi
I was just trying to fit it all in MCOL. Thank you so much for taking the time to respond.
My email is ready to send and I've written the defence in the body and attached as a word document having added this paragraph:

3. The driver entered the car park on 20th June 2024 and paid for a ticket to cover the required time for parking. The ticket has been shown to the claimant at appeal stage. They drove around the carpark to find a space and found a vacated space between two other vehicles which they then parked between.  They parked for approximately 90 minutes so left well within the 3 hour paid for ticket time. 

I saw that someone else had written too much info in this section so cut it right down as I guess the rest goes in the evidence stage.

Do I just write in MCOL that I have emailed the defence then?

Thanks again

Umkomaas

Do I just write in MCOL that I have emailed the defence then?

Write absolutely nothing in the MCOL defence box, because that then becomes your Defence. In the past it has been reported that just a single full stop in that box was treated as the actual Defence. Keep well clear of it, everything via email. 

Can you confirm you are using the full Template Defence 'wrapped around' the paragraph 3 you show above?

EnfysCat

Yes, the full template from the procedure that lines out exactly what happens. Will take those bits out of MCOL and send the email? Sending to ClaimResponses.CNBC@justice.gov.uk

Do I just ignore MCOL now then and not complete the defence section?

EnfysCat

I thought if i put "see email" in the defence box and then completed this would direct them.

EnfysCat

just tried to get to next stage on MCOL and you cant get past the defence page without putting something in the box so i think i've answered my own question. Will send the email. Thanks again for all your help. 
Ill be back to let you know how I get on.

Umkomaas

EnfysCat said:

I thought if i put "see email" in the defence box and then completed this would direct them.

Steer clear!  You're potentially playing with fire.🔥 

EnfysCat said:

Yes, the full template from the procedure that lines out exactly what happens. Will take those bits out of MCOL and send the email? Sending to ClaimResponses.CNBC@justice.gov.uk

Do I just ignore MCOL now then and not complete the defence section?

The 12 steps in the Template Defence Announcement should be your guide - steps 1-6 are those for this stage. 

EnfysCat

I just went back, checked sections 1-6, re read the template and sent!
Had auto-response saying up to 10 days to respond.
Just sit and wait now I guess.
Thanks again and Happy New Year!