I Park Services - Received Small Claims Form

Knysna

Hi all,

Thank you again for the hardwork you provide on a pro-bono basis to help protect the innocent public from these scumbags.

I was away on holiday and received this in the post. I havent thus far contacted anyone or acted on the past letters (perhaps a fault of mine). I am about to acknowledge the claim, as per the guidance in the forum but just wanted some advice on structuring my defence as the particulars of the claim do go into some detail and I dont want to get it wrong.

Coupon-mad

I think your para 3 must respond to the POC about the alleged overstay after allowed time.

What happened?

Knysna

We parked to go for a bike ride and had paid but were late coming back by a few mins as one of my kids has a stomach condition and needed the loo.

KeithP

With a Claim Issue Date of 29th April, you have until Monday 19th May 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 2nd June 2025 to file a Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

Knysna

KeithP said:

With a Claim Issue Date of 29th April, you have until Monday 19th May 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 2nd June 2025 to file a Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

Much appreciated. I will revert with a draft defence after my AOS has been filed

Knysna

Here's a copy of the NTK. I also recall that we had 4 bicycles with us that take some time to safely mount back on the roof rack. We had originally paid for 3hrs I believe and the claimed overrun is 23m:03s.

Knysna

Here is my proposed wording for Paragraph 3 in my defence. The rest is standard from the template,

3. 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 17/08/2024" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraph 4 is denied. The Claimant has not provided evidence of the Defendant not having paid for the alleged overstay. Furthermore, the Claimant did not acknowledge nor disclose that during the alleged overstay, the Defendant was attending to his vehicle to ensure bicycles carried on the roof rack were safely stowed before exiting the car park.  The quantum associated with this alleged overstay is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.

Coupon-mad

we had 4 bicycles with us that take some time to safely mount back on the roof rack.

State that in defence.

Plus, add the NCP Green button defence point (search the forum for those words).

You needed a good ten minutes on arrival to find a space, unload the bikes, walk to the signs, read them and pay (by app? Takes 5 mins even if you already have the app).

Then you needed at least 10-15 mins to load the bikes safely back onto the rack before leaving (loading is not parking time). Had the operator used staff on foot as councils do, the person would have seen the car being packed up to leave. The fact they choose to use cheaper remote ANPR and just assume vehicles are 'parked' for longer than they really are, is the Claimant's problem.

1505grandad

" No PCN was "issued on 17/08/2024" (the date of the alleged visit). "

Your PoC state  "contravention"  -  see all the other recent threads regarding this.

"(no PCN can be £170 on private land)"

Your PoC state "£160"