drafting up my claim defence

myat2025

Dear all, 

thank you so much for all that you do here. I am helping out my dad with a PCN. It's a long story but after a change in parking management and a lack of communication from Premier Park we received a PCN.

We live in a close and have a parking bay assigned to us. unfortunately the road have 5 different type of bays

1. resident parking

2. resident disabled

3. loading

4. visitor parking

5. visitor disabled

You can imagine the confusion for anyone entering our road, it is a regular occurence that people will park in our (resident) assigned bay. When that happens my dad will park in any other bay and put a not in his windshield saying someone is parked in his bay. Eventually we will move the car back to our space.

MORE CONTEXT: when premier park took over, it was a big mess and we got 3 PCN in 6 months. the 1st one we paid (because we changed car and the V5 and the insurance and transferring to the new system, it just felt like it wasnt worth the headache), the 2nd one we got one revoked through popla and when this third one came in we had enough, we did not appeal, respond to the debt collector and solicitor letters. (I know, bad move from us). Dad has now received the claim form.

Consulting the forum we have submitted the AOS through MCOL and are now drafting the defence.

this is the POC on the claim form:

"the claim is for £170 for an unpaid parking charge following a contractual breach which occured on 23/7/24 in the private land (lawfully occupied by the claimant) at <redacted>

The terms and conditions displayed offered the driver a contractual license, were accepted by the driver upon entry, and subsequently breached. Driver's breach: Failure to make a valid payment

the claim also includes £70.00 recovery costs as set out in the terms and conditions and the ATA AoS Code of Practice. "

This is what we have for paragraph 3: 

I have not failed to make a valid payment. I am a resident and pay a monthly direct debit for my parking bay <parking bay number>. On the day in question, someone was parked in my bay. This is a regular occurrence that Premier Park has offered no solution for. I did what I usually do: park in a different bay and put a note in my wind shield saying someone is in my bay.

Thank you again for all that you. I hope you can help us with this next steps. The newbies thread is extremely helpful but it sounds like there will be much more to deal with.

Coupon-mad

Looks good, as long as you change "I" and "my" to the Defendant.

myat2025

Is this ok?

my dad suggested a change RE: who told him to write the note and park in a different bay.

3. The defendant has not failed to make a valid payment. The defendant is a resident and pays a monthly direct debit for their parking bay (number 16). On the day in question, someone was parked in the defendant’s bay. This is a regular occurrence that Premier Park has offered no solution for. The defendant did as instructed by parking wardens: park in a different bay and put a note in their wind shield saying someone is in the

Dad also received a new letter from BWLegal today. They're asking for £255. Should we reply? I dont think I've come across any thread RE: contact with solicitors AFTER receiving the county court claim.

Coupon-mad

Surely the new letter is a fresh LBC about another PCN. It's not about this claim.

There's no such thing as a 'windshield' in UK English. Apologies if you learnt US English but Americanisms like 'windshield' and 'curb' on this forum drive me mad!

myat2025

sorry, translating from french for us, so windscreen yes?

Surprisingly it is not another PCN! I'll try to upload a picture...

Coupon-mad

Oh I see, it's just them pressurising you.

Windscreen - yes!