Claim Issued (DCB Legal/Vehicle Control Service LTD)

James90210

Thanks for the replies everyone - I'm going to follow the stickied advice you linked at the top of the thread and start working on a defence. (factoring in the poor/missing signage & ambiguity of the site itself) with no clear note to the driver that the car park does NOT belong to the pub.

There were no ANPR readers  - which is also why I didn't think to ask when I went into the pub itself on the day.

James90210

Can I attach pictures to the defence document?? For now I've included wording that they're available on request.

DRAFT DEFENCE:

3. The vehicle was parked in designated bays in a car park attached to ‘The Three Tuns’ pub. Immediately in breach of the Code of Practice, there was no signage warning the driver at the entry point to the car park. 

3.1 The first signage inside the parking premises was also damaged/missing. There were also other spots where signage had been damaged or removed. 

3.2 The bay where the vehicle was parked, alongside a row of shrubs & trees, no adequate signage had been placed nearby. Photographs of points 3, 3.1 & 3.2 are available on request to be submitted as evidence.

3.3 The Three Tuns Pub itself (which as a reminder is attached to the carpark) also has no signage inside or outside the premises informing customers that the attached carpark is not their land to manage.

Car1980

I think you're getting into witness statement territory. All the details and photos are to come later. You just need a short piece of text for paragraph 3 at this stage for your defence e.g.

"The defendant parked in one of the marked bays inside the car park, which appeared to belong to 'The Three Turns' pub. Nothing indicated anything to the contrary, no signs were apparent other than the pub's name in large lettering and there was a seating area where people were drinking at one end of the car park."

Coupon-mad

No evidence goes at defence stage.

You need to be ready for what happens when: read the info under the red capitals heading in the NEWBIES thread 2nd post. 

James90210

Just a quick update to say I've received a paper copy from Northampton HM Courts & Tribunals acknowledging receipt of the defence & that a copy is now being served to the claimant.

Many thanks so far for all the help.