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Defence help

Hi I've been sent a court claim form and filed my intention to fight the claim so I now need to file my defence. I have a few things I want to add to Paragraph 3 and wanted to know if these things are worth adding.
First just to say I was not the driver but I have not stated this to parkingeye

Things to add to Paragraph 3 - 
I have photos of the signs in the carpark that show them to be about 8 feet high and so not completely legible (down to the small print) and also the parking was at night so even less so.

When the first ticket came through I asked for additional information. I had to do this on their website (ParkingEye) via the appeal option.
They never sent the additional info but sent an email (that went into my junk) saying my appeal was rejected. It wasn't an appeal it was a request for more information
As the email went in junk I never got to appeal the claim. 
I then wrote to them saying that as the additional info was not provided in the allowed time I consider the case closed.

Also they seem to have charged 8% interest on £170 from the parking date when in fact the claim didn't go up to £170 until some time after the original date

Since then I have had increasingly threatening letters from DCB Legal over the ticket for about 4 years, culminating in the court claim letter

I've seen on this sight that the particulars of claim are crap and so will this ever go to court anyway? (see attached)

Comments

  • Coupon-mad
    Coupon-mad Posts: 148,337 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 31 March at 11:58PM
    Unlikely to ever reach a hearing!

    But your facts aren't going as paragraph 3 are they? That's not the start that the FIRST POST of the Template Defence tells you to use for a DCB Legal ParkingEye claim.
    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:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 24,152 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 1 April at 10:31AM
    As well as what @Coupon-mad writes above, no evidence goes with a defence, it goes later at Witness Statement stage (if it gets that far)!
  • Ah Ok thanks Coupon-mad

    I didn't see this. So it's CEL v Chan and CPMS v Akande stuff in the CCJ Defence Moorside Legal NCP Parking thread that I need to start with then the rest of the template (p4 onward)?

    Do I need to mention the signage in my defence. It doesn't seem right that I can't read it

    Also do I need to add the request for additional information at all?

  • Le_Kirk
    Le_Kirk Posts: 24,152 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you read the template defence, you will find that it refers to "signage" twice and "signs" nineteen times.
  • Thank Le-Kirk, there is an overwhelming amount of stuff to go through on here, but I will read that through 
  • Quick question - on my defence document do I have to sign it physically or can I just type my name and say signed digitally?
    Sorry if the answer to this is somewhere, but I've not seen it if it is
  • Coupon-mad
    Coupon-mad Posts: 148,337 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Use a script font to sign it digitally, or take a photo of your actual signature and date signed by hand on white paper, then crop & insert that image under the Statement of Truth. 
    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:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • thanks very much

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