UK Car Park Management

ZiGZaG404

I want to apologise to you all, I was on page 1 all those days refreshing it every time and I haven’t notice the threats for longer and went into page 2, I missed all those communications from you, I am really sorry guys, you are legends for being patients and helpful.
I have went through all the replies from everyone, thanks to each one of you.

I have filled the defence statement but apparently there is no section to attach any evidence, I’m sorry guys I am new to this ccourt claim and also not familiar with the forum functionality, I would appreciate it if you bear with me with my foolishness.

I will open a new thread regarding the PCN this evening as I have been working 12 hours night shift last night, I will make sure to keep up this time :)

Le_Kirk

No evidence goes with a defence so that's OK.

ZiGZaG404

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form. 

Do you dispute this claim because you have already paid it?

No, for other reasons. 

Defence

I am the Defendant in this matter and deny that I am liable for the entirety of the claim or any amount claimed.

Background

At all material times, I was a resident of the estate and a
legitimate holder of a parking permit authorising me to park my
vehicle within the estate.

The vehicle concerned is a Motability vehicle which I use as a
disabled person. I also hold a Blue Badge.

Prior to the issue of the Parking Charge Notice (PCN), my vehicle
registration number had been cloned by an unknown individual. As a
result, I received multiple penalty charge notices from local
authorities, including Hackney Council and Tower Hamlets Council,
for offences that I had not committed.

Due to the seriousness of the cloning incident, I reported the
matter to the police and informed Motability, the owner of the
vehicle.

Following advice from Motability, I changed the vehicle
registration number on 18 January 2025 in order to prevent further
penalties and enforcement action arising from the cloned vehicle.

Events Leading to the PCN

Immediately after receiving the new registration number, I
returned home and attempted to update my parking permit details
through the parking permit website.

Unfortunately, I experienced difficulty locating the appropriate
function to amend the registration number on my account.

To ensure compliance, I contacted the managing agent/parking
operator online and explained the situation, seeking assistance
and guidance on how to update the vehicle registration details.

The managing agent did not provide an immediate response.

During this period, I continued taking steps to resolve the issue
and eventually succeeded in updating the registration details
myself.

The vehicle remained the same vehicle covered by my permit. The
only change was the registration number, which had been altered as
a direct consequence of the criminal cloning incident.

The Claimant subsequently issued a PCN despite the fact that:

I was an authorised resident.

I already held a valid permit.

The vehicle was the same vehicle associated with my permit
account.

I had proactively contacted the managing agent seeking assistance.

The delay arose solely because of the registration number change
required following vehicle cloning.

Appeal and Unreasonable Refusal

I appealed the PCN and provided a full explanation of the
circumstances.

I supplied evidence showing:

The vehicle registration had been cloned.

The registration number had been changed on Motability's advice.

I had contacted the managing agent for assistance.

I held an existing permit.

During the relevant period, I parked in a disabled bay and
displayed my Blue Badge in an effort to act responsibly while
resolving the permit registration issue.
The vehicle linked to the permit remained the same vehicle.

Despite this evidence, the Claimant rejected the appeal and
continued to pursue payment.

The Claimant failed to properly consider the exceptional
circumstances surrounding the registration change and instead
focused solely on pursuing a parking charge against a genuine
permit holder.

No Legitimate Interest

The purpose of parking management on a residential estate is to
prevent unauthorised parking and protect residents' parking
rights.

In this case, I was precisely the type of authorised resident whom
the parking scheme was intended to protect.

There was no loss suffered by the Claimant, no abuse of parking
facilities, and no attempt by me to evade the permit requirements.

The Claimant's decision to issue and pursue a charge against a
permit holder who was actively attempting to update their details
is disproportionate and unreasonable.

Conclusion
I respectfully submit that the PCN was issued unfairly and
contrary to the purpose of the residential parking scheme.

I had a valid permit, acted promptly to update my registration
following a vehicle cloning incident, contacted the managing agent
for assistance, and provided evidence of these facts during the
appeal process.

The Claimant's continued pursuit of this charge is unreasonable in
the circumstances, and I respectfully request that the Court 

Gr1pr

Evidence comes in several months time at the Witness Statement plus Exhibits stage, which is AFTER the case is transferred to the court of your choosing, so study the 8 steps in the defence template thread in announcements near the top of the forum, first post, because there are several things that need doing before the transfer takes place

Once its at venue 2 for the 2nd half, you will have more things to do, which are already explained in the 2nd post in the newbies sticky thread in announcements near the top of the forum

So plenty of reading to do regarding the court case

We will deal with your current pcn in your new thread

Regards

troublemaker22

After all your other missteps we want to be sure that your defence has actually been filed and not just saved. Can you please post a screenshot of the status of this claim on MCOL showing the defence as filed. Be sure to redact your name and the claim number

ZiGZaG404

there is an issue posting a comment or attachments in comment section

ZiGZaG404

There is error message saying body is 9 characters too short when I want to add attachments in comment section

troublemaker22

Well done - Phew! The last few words were cut off because you went over the permitted character limit but you’ve done enough to avoid the default judgement that was hanging over your head.

Your comment about attachments is wide of the mark. It’s not possible to file attachments with an online defence. You may be confusing a defence with a witness statement. You will have an opportunity to add exhibits to your witness statement at a much later stage.

ZiGZaG404

https://forums.moneysavingexpert.com/discussion/comment/82053624#Comment_82053624

Thanks for making sure I did the right thing, really appreciated, I will try tonight to go through the 8 steps and the information available on the forum as Gr1pr suggested.

And yeah I have created a new thread regarding the Current PCN and they are 2 at the same spot. Cheers

ZiGZaG404

Hello guys, I was wondering what should I expect now that I have submitted the defence, how long do I need to wait for them to respond to my defence ?!! Is there a time limit for the claimant to respond? I’m sorry I have no experience in this areas.