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Paragraph 3 help please!

Openly admitting I am not the smartest cookie and have stressed myself out with trying to follow the right steps with handling my court claim! Please could someone check my paragraph 3 over and let me know if its ok? Many thanks! (It's quite a personal one so apologies in advance)

The defense against this parking charge is submitted on the grounds of significant mitigating circumstances, procedural impropriety, and the disproportionate nature of the fine relative to the minor overstay. At the time of the alleged offence, the driver was undergoing bi-weekly treatment for a serious mental health crisis at the Linden Centre in Chelmsford, which severely impacted their awareness of parking regulations. The charge, issued over a year and a half after the incident, is an unreasonable delay that has prejudiced the ability to recall specific events. Furthermore, the overstay warrants discretion, as the penalty is excessive and disproportionate, particularly when combined with the extenuating personal circumstances, rather than representing a deliberate breach of recently implemented and unclear parking restrictions.

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Comments

  • Gr1pr
    Gr1pr Posts: 9,581 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 8 September at 10:37AM
    Doesn't look correct to me ( more like a personal witness statement   )  and contains spelling errors 

    There are no regulations in private parking,  it's an unregulated industry 

    There was no fine  ( magistrates issue fines,  not parking companies,  a common misuse of the word  )

    There was no penalty either , not at a hospital 

    The charge wasn't issued over 18 months later,  the claim was  ( the charge would have been issued on the day or within 7 months,  not 18 months   )

    I suggest that if its being used, an extensive rewrite is required 

    I suggest that you name the private parking company claimant,  the lawyers,  the issue date from the top right of the claim form  and post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

  • Thanks for reviewing it and your input @Gr1pr. I tried to follow the steps on the newbies thread including how long ago the charge was issued so recollection is poor, mitigating circumstances etc but I've done it wrong. I'll attempt a rewrite and post it back here. Thanks again
  • Gr1pr
    Gr1pr Posts: 9,581 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 8 September at 10:57AM
    But do this first,  so we can help you

    I suggest that you name the private parking company claimant,  the lawyers,  the issue date from the top right of the claim form  and post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

    Then start again by focusing on the alleged breach,  not trying to use excuses etc, legal points are required in a defence,  not mitigating factors per se

    Save your stories and entreaties for your witness statement next year 
  • Coupon-mad
    Coupon-mad Posts: 154,201 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep let's see the claim form, redacted.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks for your help, here’s the paperwork
  • Gr1pr
    Gr1pr Posts: 9,581 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    That's not properly redacted,  the claim reference number is on show   !

    ECP via DCB Legal,  issue date 28th of August 2025

    The POC says , your vehicle overstayed the maximum time allowed,  so the alleged breach is pleaded

    Get the AOS stage online completed first,  today,  if not done already 

    Then

    Use the defence template in announcements,  for paragraph 3 study other recent ECP DCB LEGAL cases within the last 6 weeks on here,  see what they wrote 
  • Le_Kirk
    Le_Kirk Posts: 24,815 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You have time to do his, no need to rush. 
    With an issue date of 28/08/25 and providing you complete the AoS after 02/09/25 and before 16/09/25
    your defence deadline date is 4.00 p.m. on 30/09/25
  • Thanks for the responses. I have already completed the AoS, just need to work on the paragraph 3 part now
  • Coupon-mad
    Coupon-mad Posts: 154,201 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks for the responses. I have already completed the AoS, just need to work on the paragraph 3 part now
    Please show the claim properly redacted.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Apologies again, hopefully it is right this time!
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