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Court claim received - defence advice please

2

Comments

  • Coupon-mad
    Coupon-mad Posts: 161,380 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There's a laundry service within a petrol station premises? Interesting!

    This bit isn't grammatical:

    "The time on top of the actual 'parking period' are not part of that definition"

    Also this doesn't make sense for a small petrol station where you don't 'drive around' in search of a space:

    "More likely is that the Claimant failed to allow a suitable consideration period on arrival in addition to the standard minimum ten minute grace period. A reasonable period of minutes to drive round and find a space and park on arrival."

    I suggest just re-write para 3.1 in your own words (and no using Chat GPT!).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • y123
    y123 Posts: 11 Forumite
    10 Posts First Anniversary
    I'll have another go at writing 3.1, its not ChatGPT! probably sounds like it due to being written in 3rd person.
  • y123
    y123 Posts: 11 Forumite
    10 Posts First Anniversary
    AOS was submitted within the timeframe.

    And below is the revised 3.1 section:

    3.1
    The vehicle visited this car park located within a petrol station to use the laundry service facility located on the premises to which the driver had parked however due to an engine overheating issue the driver was forced to stay with the vehicle and unable to drive away. As this was a safety concern, the vehicle had to remain within the car parking facility/ petrol station in order to allow sufficient time for the engine to cool and return to normal vehicle operating conditions before being able to drive safely back on the road. Based on the reasons stated the Claimant is put to strict proof that the vehicle significantly 'overstayed'.

  • Coupon-mad
    Coupon-mad Posts: 161,380 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did the driver tell the staff?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • y123
    y123 Posts: 11 Forumite
    10 Posts First Anniversary
    No, because the laundry service is a automated system.
  • Coupon-mad
    Coupon-mad Posts: 161,380 Forumite
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    OK, no worries because DCB Legal will discontinue later this year before the hearing. That defence is fine.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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  • Le_Kirk
    Le_Kirk Posts: 26,315 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    y123 said:
    3.1 The vehicle visited this car park located within a petrol station to use the laundry service facility located on the premises to in which the driver had parked. However, due to an engine overheating issue, the driver was forced to stay with the vehicle and was unable to drive away. As this was a safety concern, the vehicle had to remain within the car parking facility/petrol station in order to allow sufficient time for the engine to cool and return to normal vehicle operating conditions before being able to drive safely back on the road. Based on the reasons stated the Claimant is put to strict proof that the vehicle significantly 'overstayed'.
    Just a couple of small changes as above.
  • y123
    y123 Posts: 11 Forumite
    10 Posts First Anniversary
    Thanks for your input.

    Defence now submitted.

    Automated email received back which says to expect a response to the enquiry in 10 days.
  • y123
    y123 Posts: 11 Forumite
    10 Posts First Anniversary
    By way of update

    Letter from DCB legal received that client intends to proceed with claim with an attached copy of their completed directions questionnaire.
  • y123
    y123 Posts: 11 Forumite
    10 Posts First Anniversary
    Its been a while now and after being through the process of mediation etc and waiting for a hearing date however no hearing date yet and seem to be getting automated phone calls from DCB which asks you to press a button to call them back.
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