Defence template advice for paragraph 3, which cases may be helpful?

renlitai

Hey, I have read most if not all of the relevant info pertaining to my situation but i am so overwhelmed with it all! please can someone help and advise?
I received a court letter regarding a fine I received in March. I panicked and replied to the response pack, and once I had replied, I received another court letter for two parking fines for the same location from a year previous (im assuming as I replied to the first one, parking eye got excited at my stress and sent the other). I then came here and read up, and have completed the AOS part. I am now currently writing my defence, and honestly im not sure where to go with it? I am in the wrong, I parked in the location 3 times to help with my friend who has back issues with hospitalisation and didnt realise I had over stayed the 10 minute 'grace' period. 
Two of the fines are under one letter and reference number, one is under the other. I am currently writing paragraph 3, but am unsure of which cases to include that would be relevant and helpful?
This is what I have so far;

3. The defendant did not receive any letters pertaining to this matter until the court letter was received. Therefore, the opportunity to appeal the fines was not possible, leading to the current circumstances of this claim being wholly disproportionate. The defendent had been visiting a relative in the vicinity of the car park for several months and were aware of the restrictions. As a result, they had been on high alert for any unjust parking fines that may appear, particularly as this car park has two entrance/ exit points. The defendant believes the charges are being incorrectly enforced as a result of an ANPR camera error.

Please can someone help, i'm so close to sacking it in and paying the charges which currently total nearly £700!

Side note, thank you to everyone who has put so much time and effort into this forum. I really am grateful to have been able to use the information, Great work!

DE_612183

1. do not pay.
2. where did you park?
3. which PPC is it?

If there are more than one PCN from the same PPC for the same site - thats an easy rebuff as they should tie them up together.

oh, by the way - THEY ARE NOT FINES - they are invoices based on a perceived breach of contract

renlitai

I parked in my friends residential car park, permit parking area which was run by Parkingeye. 
I havent paid, and ignored all letters including from DCB Legal, but have now received two county court letters covering 3 parking charges. 
I ignored up until the first court letter, then panicked and completed the response pack. I then received another county court letter for the two charges I had the previous year, in the same place. 

knightstyle

First find out if your friend owns the parking place or do they lease it, if lease you need to read the lease and see what it says about permits, paying etc.   Then come back for advice.

renlitai

knightstyle said:

First find out if your friend owns the parking place or do they lease it, if lease you need to read the lease and see what it says about permits, paying etc.   Then come back for advice.

 She doesn't own it. It is residential permit parking in a private carpark behind some residential and commercial buildings, managed by parkingeye. 
The land is owned by someone who owns most of these buildings.

Gr1pr

Post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Post the Issue date from the top right of the claim form 

Post the date that you completed the AOS stage online too

Is it Parking Eye themselves or have they used DCB Legal   ?

Parking Eye don't tend to do residential car parks, so are you sure its them  ?

Post a redacted picture of the top left of the claim form below after hiding your name and address,  but ensure that your password,  vrm details and claim reference number are hidden using cut out cardboard ( not by a Sharpie   )

You stated that you ignored the letters,  but p3 says you didn't receive them, dangerous territory for you if they posted the NTK PCN letters to the correct address , the statements must be true ,  truthful   !

Your current paragraph 3 doesn't seem to rebut any POC,  but more of a whinge,  but that whinging could lead to the defence being struck out same as one recent case in Manchester,   stick to the facts, and stick to this thread too

Coupon-mad

Yep I am also concerned about the attempt to lie in the defence! Nonono.

You told us:

"I havent paid, and ignored all letters including from DCB Legal, but have now received two county court letters covering 3 parking charges. 
I ignored up until the first court letter"

yet you drafted a pack of lies in defence:

The defendant did not receive any letters pertaining to this matter until the court letter was received. Therefore, the opportunity to appeal the fines was not possible, leading to the current circumstances of this claim being wholly disproportionate

Even if you copied that from another defence, I don't understand why you chose that one and thought that was suitable?

Car1980

Yes the only reason to complain about lack of letters really would be if you wanted to pay the discounted rate and ticked the "I admit part of the claim" box.

Don't panic.

Go back to the start and show us the particulars of claim. I'm a bit confused about permits and overstays. 

renlitai

Coupon-mad said:

Yep I am also concerned about the attempt to lie in the defence! Nonono.

You told us:

"I havent paid, and ignored all letters including from DCB Legal, but have now received two county court letters covering 3 parking charges. 
I ignored up until the first court letter"

yet you drafted a pack of lies in defence:

The defendant did not receive any letters pertaining to this matter until the court letter was received. Therefore, the opportunity to appeal the fines was not possible, leading to the current circumstances of this claim being wholly disproportionate

Even if you copied that from another defence, I don't understand why you chose that one and thought that was suitable?

Thanks for the reply, I honestly had help writing the paragraph and didnt fully read it through before posting here, (I work nights and was definitely delirious at the time) so thats my bad! 

renlitai

Gr1pr said:

Post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Post the Issue date from the top right of the claim form 

Post the date that you completed the AOS stage online too

Is it Parking Eye themselves or have they used DCB Legal   ?

Parking Eye don't tend to do residential car parks, so are you sure its them  ?

Post a redacted picture of the top left of the claim form below after hiding your name and address,  but ensure that your password,  vrm details and claim reference number are hidden using cut out cardboard ( not by a Sharpie   )

You stated that you ignored the letters,  but p3 says you didn't receive them, dangerous territory for you if they posted the NTK PCN letters to the correct address , the statements must be true ,  truthful   !

Your current paragraph 3 doesn't seem to rebut any POC,  but more of a whinge,  but that whinging could lead to the defence being struck out same as one recent case in Manchester,   stick to the facts, and stick to this thread too

Both issued initially by parking eye. Then one sent to DCB legal. I heard nothing for the one from 2024, until I responded to the response pack from the first letter. 

Iv haven’t ever gotten to this stage before, so I panicked. 

Gr1pr

The 9th June deadline claim expired on 12th July, unless you put a defence in   ?  Check your MCOL claim history 

If you completed the AOS on the 30th June claim,  after 5 days from the issue date,  your deadline is 4th August