Claim letter Parkingeye

Maluma_Fan

Hello.

I have a letter from HMCourts&Tribunals stating someone has made a claim against me. It is Parking Eye LTD.

I have completed actions following reading the Newbies and the AoS has been completed.

I was wondering if anyone could help with a defense. I had paid for parking at VHK Southall and then when my time was up (had an appointment that overran) went for pay for further time but due to poor signal there was a 10-15 gap between the first one ending and the second 'session' starting so technically I did pay.

Particulars of Claim:

1. The Defendant (D) is indebted to the Claimant © for a PC issues to the vehicle XX at XX
2. Date of contravention is 29/06/2024 and the D was issues a PC by C
3. D is persuaded as the driver of the vehicle for breach of the terms on the sign (the contract) Reason: Vehcile remained on private property in breach of the prominently displayed T&Cs
4. In the alternative the D is pursued as the keeper pursuant to POFA 2012 Schedule 4
5. C claims £170 being the total of the PC and damages

I have looked at the template defense but hoping for pointers in how to word paragraph 3. Thanks

Maluma_Fan

This is a draft but please let me know if this is okay.

3. The Defendant purchased an initial parking session using a mobile parking application. The Defendant's appointment overran, necessitating the purchase of additional parking time. The Defendant attempted to purchase a further session through the application; however, poor mobile telephone signal caused a delay of approximately 10–15 minutes between the expiry of the initial session and the commencement of the second session. The Defendant did not deliberately seek to avoid payment and made a genuine attempt to pay for the additional parking required. The Defendant will rely on the available payment records and other supporting evidence. The Court is invited to consider the actual circumstances, the short duration of the gap, the payments made and the applicable parking terms when determining whether the charge is justified.

Gr1pr

Post a redacted picture of the N1SDT claim form below, as shown in the redacted example below

Le_Kirk

What is the date of issue of the claim form? Since the breach was not pleaded, you can use the defence template that cites Chan & Akande (linked from NEWBIE and template defence). Scrap your paragraph #3 and save it for the witness statement further down the line.

Maluma_Fan

This is the claim form

Gr1pr

So , issue date 30th September, no alleged breach pleaded, so complete the AOS stage online on MCOL ASAP

Then adapt the 10 paragraph template defence in the CPP, PARKING EYE, CEL, group thread, by adding a short ending to paragraph 2. ( I posted it last week in that group thread. )

Le_Kirk

With an issue date of 30/09/26 and providing you complete(d) the AoS before or on 19/10/26 your defence deadline date is 4.00 p.m. on 02/11/26

Did you complete the AoS before 19/10/26?

Maluma_Fan

https://forums.moneysavingexpert.com/discussion/comment/82174899#Comment_82174899

Thank you I will take a look. I was wondering does the rest of the wording need to be the same or do we reword it before submitting that?

Maluma_Fan

https://forums.moneysavingexpert.com/discussion/comment/82175417#Comment_82175417

Hi Yes it was completed before the 19th