CNBC Claim defence advice needed

Krunkled_Mustilid

Hi
I have just completed AOS on a claim made by UK car park management LTD.
One of my defences was that there was no signage where I was photographed so there can't be a "contract".
I did have a photo of the area in question around the time I was photographed and there was no sign. I have mislaid this image. They have now put up a sign. Can I still use this as an defense albeit without evidence on my part?

Thanks for any help.

Gr1pr

Signage issues are always a good legal point 

No exhibits are sent with the defence 

Use the new template defence in announcements and draft your few changed paragraphs,  posting them below for critique 

Brie

Did you email the photo to them previously?  I'm forever finding lost photos in my sent mailbox.  

Krunkled_Mustilid

Thanks for the help.
I found pictures of the spot on Google maps street view I'm hoping these will be OK?
I was planning to use the template and add the no signage, I didn't leave the vehicle so it wasn't pared and the address on the POC is not the address the car was pictured at.

Gr1pr

Let's see your draft paragraphs 2 & 3 for critique 

Krunkled_Mustilid

Draft of paras 1 & 2

2. The allegation(s) and heads of cost are vague and liability is denied for the sum claimed, or at all. At the very least, interest should be disallowed; the delay in bringing proceedings lies with the Claimant. This also makes retrieving material documents/evidence difficult, which is highly prejudicial. The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). The Defendant has little recollection of events, save as set out below and to admit that they were the driver of the vehicle.

3.  The defendant appealed within the given time frame, the claimant refused the appeal, stating that I was too late and it had already been passed on to their debt collectors.

The appeal was on the grounds that: a.) There was no signage at the location at which the claimants pictured the vehicle therefore there was no contract. b.) The defendant did not leave the vehicle so was not parked but was waiting for a passenger. c.) The address stated in the POC is not the address that the vehicle was pictured at.

Any help gratefully recieved.

Gr1pr

You mean 2 & 3

The defence is written in the third person,  no I , no personal words , it's either the keeper,  the driver or the defendant  (  also claimant or operator, no names   )

I think that paragraph 3 requires more work in addressing the POC,  especially if its about loading   ( waiting for a  passenger   )

Krunkled_Mustilid

The POC is:
The claim is for £170.00 for an unpaid paing charge following a contractual breach which occurred on 17/03/2024 in the private land (lawfully occupied by the Claimant) at 42 Queens Road Nottingham (Cctv) by the driver of
RENAULT CLIO AUTHENTIQUE
RENAULT CLIO AUTHENTIQUE
registration mark #######. The terms and conditions displayed offered the driver a contractural license, were accepted by the driver upon entry, and subsequently breached. Driver's breach:
Failure to obtain authorisation and/or display a valid permit
The Claim also includes £70.00 recovery costs as set out in the terms and conditions and the ATA AoS Code of Practice.

Paragraph 3 amended.

3. The Defendant appealed within the given time frame, the Claimant refused the appeal, stating that the Defendant was too late and the Claim had already been passed on to Claimants debt collectors.

The appeal was on the grounds that: a.) There was no signage at the location at which the Claimants pictured the vehicle therefore there was no contractual license offered. b.) The defendant did not leave the vehicle so was not parked but was waiting for a passenger, from Ashby v Tolhurst [1937]. c.) The address stated in the POC is not the address that the vehicle was pictured at.

Cheers

Krunkled_Mustilid

Should I mention there was no "entry" as I was waiting on a pavement that I took to be public property?

Coupon-mad

Yes. State that this looked like an unrestricted road if that's how it presented.

The noun licence has no 's' in UK English.

You cannot possibly have appealed about the POC before you even had the POC! 

Krunkled_Mustilid

Re: 'License', my mistake.

edited para 3:

3. The Defendant appealed within the given time frame, the Claimant refused the appeal, stating that the Defendant was too late and the Claim had already been passed on to Claimants debt collectors.

The appeal was on the grounds that: a.) There was no signage at the location at which the Claimant pictured the vehicle therefore there was no contractual licence offered. b.) The defendant did not leave the vehicle so was not parked but was waiting for a passenger, from Ashby v Tolhurst [1937]. c.) The address stated in the original demand (42 Queens Road, Nottingham) is not the address that the vehicle was pictured at (48-50 Queens Road, Nottingham).

It is also true that the Defendant was under the impression that the location at which the vehicle was pictured was an unrestricted road and adjacent pavement, therefore no ‘entry’ could occur that would trigger an acceptance of any contract.

Any good?

Cheers