County Court Notice- unsure parking contravention exists, Defence preparation |
County Court Notice- unsure parking contravention exists, Defence preparation |
Thu, 18 Oct 2018 - 09:48
Post
#1
|
|
Member Group: Members Posts: 10 Joined: 17 Oct 2018 Member No.: 100,447 |
Unfortunately I have received a County Court notice for a parking ticket issued back in March of this year. It was for a short stay in a Halfords car park in NW London. It's got to this stage because basically I've just ignored all the letters demanding payment from BW Legal (on behalf of TPS), until now.
I shall begin preparation of my defence today (deadline is Monday, so I'm cutting it fine!). However I would like to ask someone with the requisite knowledge regarding the original contravention for issuing the ticket, I believe it was something like driver was seen walking away from the premises, and does such a contravention exist and if yes could I argue that I needed the loo or something else? I'd really appreciate any comments, many thanks. |
|
|
Advertisement |
Thu, 18 Oct 2018 - 09:48
Post
#
|
Advertise here! |
|
|
|
Thu, 18 Oct 2018 - 09:57
Post
#2
|
|
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So you have a CC claim form. If the claim is acknowledged on line using the details and password on the form, and nothing in the defence, you have 33 days from the date of issue to get your defence into the court.
If the contravention was stated on their sign then the contravention exists. However they do not know the driver so edit your post so that the identity of the driver cannot be inferred. I don't suppose you have the original documents you received? What you need to look at the"toothbrush case", VCS v Ibbotson . Look around for other threads on the froum about driver leaving site. This post has been edited by ostell: Thu, 18 Oct 2018 - 09:58 |
|
|
Thu, 18 Oct 2018 - 10:17
Post
#3
|
|
Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
This isn't for a 'contravention' as such. It's a civil claim from a private company which is essentially stating that the driver of the vehicle has breached the terms and conditions of a contract they formed by reading the signs at the location and then accepting the terms and conditions by performance (by making a decision to go ahead and park there).
The terms and conditions will probably have included something about leaving site. However there are several issues that go hand in hand with such a breach: 1. Was the site clearly marked, did the sign clearly define where the boundaries of the site were, or was it particularly obvious? 2. Presumably a warden watched the driver do it, so why did the warden not warn the driver at the time, thus mitigating the risk of a contract breach? See the Ibbotsen case ostell has linked to above. We would be in a better position to advise if we could see what the sign says and what the car park looks like. Do you have any photos? Your defence also needs to challenge other basic things such as their legal standing on the land in question - does the contract they hold with the land occupier allow them to pursue you via a court claim in their own name. Or their compliance with the Protection of Freedoms Act 2012, have they fulfilled all the criteria necessary to pursue the Keeper of the vehicle rather than the driver? And so on. Do some reading round. -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
|
|
|
Thu, 18 Oct 2018 - 16:48
Post
#4
|
|
Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
QUOTE I believe it was something like driver was seen walking away from the premises They won't have evidence so don't go adding stupid excuses into the defence that admit any such thing! Come back when you've read some decent defence examples on here and the loads of defence examples linked in the MSE parking forum NEWBIES thread post #2, where it also tells you what to do and by when (2nd post all about court stage): https://forums.moneysavingexpert.com/showth...d.php?t=4816822 Easy enough to defend a case like this one, use one of bargepole's short defences (see the MSE examples right there) and add some words sating that the Defendant has been furnished with no evidence of any contravention, nor of any clear signage or clearly marked and communicated 'site boundary' at the material location, so any contravention of terms by the unknown driver is denied. Show us your draft, after you have done the MCOL acknowledgement of service ('AOS' - see MSE thread - easy peasy pictorial link walks the most inexperienced posters through that stage). QUOTE deadline is Monday, so I'm cutting it fine! No it isn't, if you got the claim this month - do the AOS now and you buy more time. |
|
|
Lo-Fi Version | Time is now: Friday, 29th March 2024 - 07:29 |