Drafting My Paragraph 3 using Template Defence - Advice

user_vs_dcblegal

I was just issued a claim against me to my parents address (which I haven't lived at for years now and therefore haven't seen) for a parking fine/claim back in 2021 (DD/05/2021) at B&M Morley. I have just been on holiday since the 26th October, of which I was served documents (once again to my parents address, which I visited by chance) on the 27th October, so I have hurriedly just put in my AOS more than 20 days after being served, therefore I am trying to get my defence written and submitted ASAP. The claimant is Smart Parking Limited and it is being handled by DCB Legal LTD. I have tried speaking to B&M directly so see if I can get this cancelled but all they come back with is "we rent the site, we can't do anything about it, you need to speak to the land owners", which in this case I guess is Smart Parking Limited.
They are trying to charge me £318.76 (Amount claimed £233.76, Court fee £35, Legal representative's costs £50) having left it 4 years to bring this up. I am fuming to say the least.

From what I can remember, as I have only ever been to Morley B&M once, was that the ticket machine was non-functional, and when inquired in-store with a customer service rep back in 2021, they said it was fine to park so long as we made a purchase in-store (which was our intention anyway). The sign stated that when you buy the ticket, you can get that 'refunded' against your purchase in-store.
I believe you could argue there is a reasonable expectation that with or without the ticket, the use of the store would nullify the ticket requirement, since (a) purchase was more than the value of the parking ticket (b) the amount is refunded regardless. Anyway, I know it's never that simple.

It has been a while since I have needed to speak any kind legal-ise, so I would really appreciate if anyone could advise, edit what I have drafted for my paragraph 3 (original guide here), or completely rewrite it since it probably is not up to par at the moment:

"3. Due to the amount of time that has passed, and lack of communication due to correspondence sent to non-active residential address, details are based on what can be remembered. The parking meter at the site was non-functional so a ticket could not be acquired. However, due to the nature of the sign stating that the ticket would be refunded against a purchase made instore, driver entered the store, enquired with a customer service agent whether entering the store and purchasing products (as intended) without a valid parking ticket would be acceptable, of which the driver was told this was acceptable."

As for what DCB Legal LTD have put as the particulars of the claim:

"1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge (PC) issued to vehicle MYREGISTRATION at B&M Retail, Morley.

2. The date of the contravention is DD/05/2021 and the D was issued with a PC by the Claimant

3. The Defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Insufficient Paid Time.

4. In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170.00 being the total of the PC and damages.

2. Interest at a rate of 8.00% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment.

3. Costs and court fees"

Thank you in advance.

user_vs_dcblegal

However, since my memory on this is quite vague, and since they claim "3. Reason: Insufficient Paid Time." I am wondering whether my response needs to be more vague and non-specific, since if I am misremembering, that could work against me.

Coupon-mad

Same advice in all Smart claims. No need for threads!

  

https://forums.moneysavingexpert.com/discussion/comment/81743838#Comment_81743838

Le_Kirk

What is the date of issue of the N1SDT claim form?  Check your status page on MCOL because you could already have a default judgment due to failing to serve a defence.  Also check the address on your V5C as that is how claim forms go to incorrect addresses.