Hi,
Thank you for the reply, I have added the particulars of the claims for both
Defence 1:
I am writing to formally defend myself against the parking charge claim issued by Euro Car Parks LTD on 21 February 2022. The charge against me is unwarranted, and I believe it results from the claimant’s failure to provide properly functioning payment options and their disregard for my documented efforts to resolve the situation at the time of parking.
Background of Incident
On 21 February 2022, I parked in the Rochdale Road car park managed by the claimant. I fully intended to pay the parking fee and, in accordance with their terms, attempted to use both of the on-site payment machines. However, neither of the machines was operational. Faced with this, I followed the instructions provided and called the payment line displayed at the location.
I spent over 20 minutes on this call attempting to complete the payment. While I believed the payment had been successfully processed, I later received a letter from the claimant stating that a parking charge was being levied against me for non-payment. This came as a shock, given my efforts to comply with the claimant’s requirements.
Evidence of Compliance
Upon receiving notice of the charge, I promptly appealed it, providing clear and documented evidence of my call to their payment line, including call logs and duration, which demonstrate my genuine effort to make the payment. I offered to pay the original parking fee immediately upon realising that it had not gone through as I believed it had at the time. Despite this, my appeal was rejected by the claimant, forcing me into a prolonged and increasingly distressing series of communications and appeals that have now escalated to a court claim.
Claimant’s Failure to Provide a Reliable Payment System
The claimant has failed in their duty to provide reasonable, accessible, and functional means for patrons to pay for parking. By refusing to acknowledge the malfunctioning machines and my documented attempts to pay by phone, the claimant has acted unreasonably and, I believe, in bad faith.
Psychological Impact and Stress Due to Claimant’s Conduct
The claimant’s persistence in pursuing this matter, despite the clear evidence I provided, has caused me considerable distress. I suffer from severe anxiety and PTSD, and the numerous threatening letters I have received from the claimant have exacerbated my condition significantly. This undue pressure has worsened my mental health, further demonstrating the harmful impact of the claimant’s disregard for patrons attempting to comply with their terms.
Conclusion and Request for Dismissal of Charge
I urge the court to recognize that I acted in good faith and took every available step to pay the parking fee. The claimant’s failure to provide adequate facilities and their refusal to acknowledge my good-faith efforts to resolve the matter without escalation have placed me in an unjust position.
I also wish to reiterate that I am still willing to pay the original parking charge amount for that day, as I have offered previously, because I did use the parking facilities and do not wish to be in debt to anyone. I believe this is a fair resolution, given the circumstances, and respectfully request that the court dismiss this punitive charge as an unreasonable penalty imposed due to the claimant’s procedural failures and disregard for the evidence presented.
Thank you for your attention to this matter.
Defence 2:
Introduction
I, ...., the defendant in this matter, submit this defence in response to the claimant’s claim regarding a Parking Charge Notice (PCN) issued on 15th January 2024 at ......
The Circumstances of the Incident
On the date in question, my vehicle unexpectedly broke down, leaving me and my young daughter stranded. Concerned for my daughter’s welfare due to the cold weather, I took her to a nearby warm place while waiting for the recovery truck.
Evidence Submitted to the Claimant
Following the issuance of the PCN, I promptly appealed the notice and provided the claimant with the details of the recovery company that attended to my vehicle. This included the name of the company and any other relevant evidence to corroborate my situation.
Rejection of the Appeal
Despite presenting legitimate evidence of a breakdown, the claimant rejected my appeal. This demonstrates a lack of consideration for genuine mitigating circumstances, as outlined in the British Parking Association’s Code of Practice, which requires parking operators to act fairly and proportionately.
Mitigating Factors Ignored
My vehicle’s breakdown was entirely unforeseen and beyond my control.
As a responsible parent, I prioritised my daughter’s safety, which is a reasonable and justifiable action under such circumstances.
I acted promptly to arrange for recovery and cooperated fully by providing the claimant with all relevant details.
Abuse of Process
The claimant’s rejection of my appeal and subsequent pursuit of this claim appear to be a revenue-generating exercise rather than an attempt to enforce legitimate parking rules. It is an abuse of process to penalize a motorist who acted responsibly during an emergency.
No Genuine Pre-Estimate of Loss
The claimant has failed to demonstrate that the charge is a genuine pre-estimate of loss or that it reflects any damages incurred. The vehicle was not parked in disregard of the terms but was stationary due to mechanical failure, and no harm was caused to the claimant’s property or interests.
Request for Dismissal
Given the evidence and circumstances outlined above, I respectfully request the Court to dismiss the claimant’s claim.
Statement of Truth
I, ....., believe the facts stated in this defence are true to the best of my knowledge and belief.
