PCN when parkign paid - Princes Quay - Template Defence

PizzaD

Hi,

Firstly - thank you to everyone who's contributed to this forum and for those who put together the newbies info - i don't think i would dared to go this far down the road if you hadn't.

A claim was issued against me on 29/01/2025
My acknowledgment of service was submitted on 07/02/2025
My acknowledgment of service was received on 07/02/2025

overview - I parked at the Princes Quay Shopping Centre in Hull with parking operated by Parkmaven/yourparkingspace. Paid for parking with the machine at the end of the session, entered VRN and then drove out - no barriers or anything. a couple of month later received a notice to Keeper as we'd moved an no doubt missed the PCN, notice to driver, etc. I appealled to the shopping centre who didn't do anything and then ended up here with the court paperwork.

in the meantime, i submit SARs for access to the Payment machine data, and ANPR list for the day in question - to effectively help argue that i had paid but not entered the right VRN. Both were denied on FOI grounds, disapointingly.

I'm writing my defence using the template defence thread and would appreciate some feedback, please. The second para is the one i'm unsure on and having read a similar situation I feel it's maybe not needed (https://forums.moneysavingexpert.com/discussion/6521348/parkingeye-hotel-indigo-newcastle-stay-cnbc-claim-but-did-nothing-wrong/p1).

Template Defence all kept as written, with the addition of these two paras:

The Defendant admits that the vehicle was parked in the Princes Quay Shopping Centre, Hull on the XX/XX/XXX. The Defendant has parked in the car park previously and would like to highlight that payment is made for the parking prior to leaving the carpark by way of entering the Vehicle Registration Number into the Payment Machine and paying for the session. upon leaving the shopping centre, the defendant entered the Vehicle Registration Number into the Payment Machine and paid for the parking session. This is evidenced by the Defendant’s Bank Statement clearly showing a charge to YourParkingSpace on the day in question.The Defendant did not receive an alert from the Payment Machine that the incorect VRN had been entered and proceeded to leave the car park.

As the Payment Machines required the VRN to be entered, the Defendant can assume that if the correct VRN was not entered then a mistake during data entry must have occurred. The Defendant argues therefore, that in the event of the wrong VRN being entered the Claimant has knowingly taken payment for a VRN that was not detected on ANPR. The Defendant therefore can only assume that the Claimant has knowingly made a false representation with the intention to make a gain for themselves and have breached the Fraud Act 2006.

Thanks in advance.

 

Coupon-mad

@PizzaD I'm sorry we missed your thread.

We want to help. Which solicitor?

Show us the POC.

PizzaD

@Coupon-mad no problem, no need to apologise. 

Solicitor is DCBlegal. POC below.



I had a bit of a panic and thought my deadline was today, so I've emailed the CNBC the defence. 

However, the auto reply from CNBC states that all filings via email must be compliant with Practice direction 5B. This sets out the rules for emails and attachments. What caught me was the need to include the case name and number of the sender, including email address for contact. I didn't do that but included my claim number as per the template defence thread. I'm hoping my defence doesn't get rejected on that technicality. 

Thanks again

KeithP

Your Defence filing deadline was actually next Monday - 3rd March.

Coupon-mad

PizzaD said:

@Coupon-mad no problem, no need to apologise. 

Solicitor is DCBlegal. POC below.



I had a bit of a panic and thought my deadline was today, so I've emailed the CNBC the defence. 

However, the auto reply from CNBC states that all filings via email must be compliant with Practice direction 5B. This sets out the rules for emails and attachments. What caught me was the need to include the case name and number of the sender, including email address for contact. I didn't do that but included my claim number as per the template defence thread. I'm hoping my defence doesn't get rejected on that technicality. 

Thanks again

Your defence is in, then. Can't change it now.

Hoping you used the template defence?