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Would this Defense work in a Small Claims Court? UK, Parking Charge Notice by Minster Baywatch (Parked for 20 minutes)
Kaleidosky
post Wed, 8 Jul 2020 - 09:38
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I received a Parking Charge Notice for being in a car park for 20 minutes and wanted to get feedback from experienced people on how effective this defense tactic might be if they wish to take me to a small claims court. The invoice they sent was Parking fee covering visit duration was not paid in full.
I received the first letter but as soon as a 2nd letter arrives, my plan is to respond to them and say I never received the 1st letter to begin with so I had no opportunity to rectify the issue. I would say that I have no memory of this taking place since it was over a month ago and they only have a picture of my car entering and exiting but not my face (unless they have other cameras that I am not aware of).

I did some shopping and was coming back from the store, I decided to find somewhere to park by the lakeside which was quite a challenge since a lot of public areas are blocked off in this lock down. I went to this location to park up and was planning to stay here for an hour. I then realised that I couldn’t find my wallet anywhere. Checked my shopping bags, called the store to see if I left it there, checked under the car seats etc. Still frustrated and panicking because it had my house keys inside the wallet, I decided to leave knowing that I could not stay here and everywhere else was blocked off.

To be honest, I would pay the £60 fine just to get these scammers off my back and not add anymore unnecessary stress but I had to close my business down and have no money to pay it off anyway.

• Should I tell them that I will only pay for the time I stayed there and not the unjustified amount of £100?
• Is it best to send them a letter and not provide them with an email address?
• Could losing my wallet be down to my poor negligence and so the judge will rule it out?

Will keep this thread updated with uploaded letters and their responses soon as it arrives.

This post has been edited by Kaleidosky: Wed, 8 Jul 2020 - 09:39
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post Wed, 8 Jul 2020 - 09:38
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The Rookie
post Wed, 8 Jul 2020 - 09:53
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Yeah lying is a brilliant idea.
Maintain the lie in court and you risk a jail term for perjury, don't maintain it and the Judge knows you're a liar and will doubt the rest of what you say.

Childish, immature and downright awful idea.

Meanwhile lets treat this properly, the first thing to do is edit your post, you've been sent the notice as the vehicle keeper, so edit anything in your post that suggests at driver ID, no I, we, they, he or even the dog just 'the driver' did this or 'the driver' did that. You are 'the keeper' and will deal with it as the keeper.

It's an invoice for an alleged contractually agreed sum, it is NOT a fine

QUOTE (Kaleidosky @ Wed, 8 Jul 2020 - 10:38) *
• Should I tell them that I will only pay for the time the driver stayed there and not the unjustified amount of £100?
• Is it best to send them a letter and not provide them with an email address?
• Could the driver losing their wallet be down to my poor negligence and so the judge will rule it out?

No, because if you owe anything you likely owe the £100, sign of weakness and a suggestion to the judge you agree liability
Letter or email, no issue
Nope not necessarily, in fact almost certainly not.

There are many reasons you as keeper are probably not liable, none of those apply.
So lets see a photo of the signage at the car park that creates any contract and the charge notice you have (just redact PERSONAL details).

This post has been edited by The Rookie: Wed, 8 Jul 2020 - 09:58


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