Help before court - thanks

Coupon-mad

i am not talking about signage

You are.

The sign forms the contract, which is why the template defence covers that for people who think their case is only about one thing.

Pshtiger2025

Ok thanks. More confused now then ever..... :-( 

Pshtiger2025

If you dont mind, im going to start again..... appreciate your help, I have read all the steps in the newbie sections, so get them, but also have several questions. 

Here is my defence

DEFENDANT’S STATEMENT

i          The Defendant respectfully submits the following in response to the allegations regarding the alleged insufficient payment for parking.

ii         Upon arrival, the Defendant parked the vehicle in a legitimately available bay. Signage at the location indicated that payment could be made using the ‘Pay by Phone’ mobile application.

iii       Acting in good faith, the Defendant followed all instructions provided by the app to complete the payment process. The first step required the use of the app’s “nearby location” search function, which displayed only one location number along with the correct address corresponding to the parking bay. No alternative locations or options were presented.

iv       The Defendant selected the displayed location number and proceeded as instructed, entering the vehicle registration number, vehicle type, and description as prompted by the application.

v         The Defendant then selected the intended duration of stay. The app calculated and displayed the total amount due. The Defendant entered valid card details and completed payment for the amount requested by the app.

vi       At no point during the transaction did the app indicate a variance in charges based on vehicle type (e.g., van versus car), nor was any option presented to select a vehicle category that would affect the pricing. All requested information was provided truthfully and accurately.

vii     The Defendant contends that the mobile application was followed properly and in accordance with all visible instructions. Any fault or discrepancy lies with the app’s failure to distinguish pricing or notify the user of any such requirement.

viii   The Defendant therefore asserts that liability should not rest upon the user, who acted transparently and diligently, but rather upon the provider of the flawed and misleading payment system.

What do you suggest I do with this?

Thanks

Coupon-mad

I think the way you slotted it into the Template Defence (as shown in your first post) was fine. Just a small adjustment: I think you need to tell the reader that it's whatever size of van, e.g. here:

"Upon arrival, the Defendant parked the vehicle - a xxxxxxx van - in a legitimately available bay."

Pshtiger2025

Makes sense thanks

1505grandad

The PoC state  -  "4. The parking charge was issued..........on 19/12/2022...."

What was the date of the parking event?

Was a windscreen ticket issued?

Pshtiger2025

Just reading paragraph 2 again and it say i should alter to suit. What would i be altering in here? it say claimant sets out a cut and paste incoherent and sparse statement, do i leave this in? also the POC being in breach, do i leave all that in?

Thanks

KeithP

With a Claim Issue Date of 11th April, you had until Wednesday 30th April to file an Acknowledgment of Service. 

As you didn't file an Acknowledgment of Service in a timely manner, your Defence became due on Wednesday 30th April.

You are now in a race.
Since 4pm on Wednesday 30th April the Claimant has been free to seek a Default Judgment against you.
If they seek that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is already a Judgment against you.
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks that Default Judgment, then you win this heat and go through to the next round.

Suggest you file a Defence at your very earliest opportunity. Forget about using the full forum Defence.
Instead file a cutdown version - one that is short enough to be filed via MCOL.

Pshtiger2025

1505Grandad - yes on screen ticket, way back in 2022, i appealed and lost, and then out of the blue i recieved the claim form. 

Pshtiger2025

KeithP - I did file a Acknowledgment of Service by post within the timeframe - do you think i should go MCOL or email? thanks