Final Defence Draft - Pls Help

tribunalappeal

Below is the POC on my Tribunal claim form. The issue date was 21/03/2025 and I already submitted an acknowledgement of Service on 08/04/2025.The claimant is Parkingeye Ltd and the address for sending documents and payments is dcb legal.

1.  The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to (BLANK)
2.   The PCN(s) were issued on 12/08/2023
3.   The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions
4.   In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1.   £170 being the total of the PCN(s) and damages.
2.   Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.01 until judgment or sooner payment.
3.   Costs and court fees

Amount claimed  £192.32
Court fee £35.00
Legal representative's costs £50.00
Total amount £277.32

I parked at the Ilford Retail Park Essex on the night of 11/08/2023 and left about 2am on 12/08/2023. It was a pay on exit car park but I couldn't pay the parking as the two machines on site were not working and there were no instructions on alternative way of making payments. Moreover, the car park was very dark as it was poorly lit especially where the machines were located that I had to use the lights from my phone. This was a very unsafe environment for me as a woman on my own to hang around for too long.
I received the pcn in the post dated 18/08/2023 from Parkingeye but I did not respond to it or other subsequent notices from them and later from dcb legal.

I have read the newbies tread on filing a defence and would appreciate any help or comments on my final draft using the recommended template on the forum. My paragraph 6 reads:
6. The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Defendant asserts that it is completely unclear from the reading the signs at the location - and to this day, still does not know from the postal 'PCN' nor from reading the woefully inadequate POC what term is supposed to have been breached. Further, this Claimant's signage at the location does not have a full list of Terms and conditions, has poor area lighting and font too small to be read by a motorist. The Claimant is put to strict proof of all of their allegations in the event that the allocating Judge does not strike out the claim pursuant to the above two authorities.

 This was directly copied from @Saver_Robot defence as our cases seem similar. The remaining 32 paragraphs of the template remain the same.

Thanks for your help.

Coupon-mad

Looks  fine.

tribunalappeal

Thank you @Coupon-mad.
I was just wondering if it's also necessary for me to add the details about the machines not working and no information on alternative method of payment.

Coupon-mad

Nope because they haven't pleaded any breach at all. Don't respond to an allegation that simply isn't there.

tribunalappeal

Thank you again, @Coupon-mad. Really appreciate your help.

I revised my paragraph 6 after going through the threads and sent to the CCBCAQ@Justice.gov.uk but got this reply -

This mailbox is now closed, your email will not be actioned.

 

• Please re-send your document or enquiry to the mailbox dedicated to your query type.

 

• Only use one Mailbox per enquiry.

 

• If you need help identifying the correct mailbox, or need more information please use our signposting tool, to ensure you are directed to the correct team.
  
  

The signposting tool directed me to use this email -     contactocmc@justice.gov.uk.     Is this ok?



My revised paragraphs 6 reads:

 

The facts known to the Defendant:

5. The facts in this defence come from the Defendant's own knowledge and honest belief.  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 and driver.

6.  Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 12/08/2023" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms. The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Defendant asserts that it is completely unclear from the reading the signs at the location - and to this day, still does not know from the postal 'PCN' nor from reading the woefully inadequate POC what term is supposed to have been breached. Further, this Claimant's signage at the location does not have a full list of Terms and conditions, has poor area lighting and font too small to be read by a motorist. The Claimant is put to strict proof of all of their allegations in the event that the allocating Judge does not strike out the claim pursuant to the above two authorities.

Umkomaas

As a reminder to anyone else thinking about using private car parks to let new drivers learn basic driving skills (as in ye goode olde days of yore), these are now shark infested waters, and you're going to end up having to deal with a £100 parking charge.

Coupon-mad

The signposting tool directed me to use this email -     contactocmc@justice.gov.uk.     Is this ok?

No.

Use the email address the Template Defence tells you to use. Which is not that, nor the one you tried.

tribunalappeal

@Coupon-mad, I have now emailed my defence to:
 ClaimResponses.CNBC@justice.gov.uk

and got this reply -

Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days

Please advice if this is the response to expect.

Thank you for your continued help.

Coupon-mad

We don't want to hear about the auto receipt, nor the first bog standard two letters (please), nor your Mediation email/call which all appear in the first 12 steps in the Template Defence thread!

See you after that stage, in 6 months.

tribunalappeal

Thanks for the heads up.