Draft defence

[Mollygog]

So you advice I reply to the email?

[des8]

Why not, it shows you are trying to resolve matters without recourse to the courts.
Additionally, if one indicates one will not be cowed into submission, but offers a robust defence, they often discontinue, or just don't pay the hearing fee.
Nothing to lose by answering them!

[Mollygog]

Thank you so much again!! Couldn’t have done nothing without your help

[des8]

What "fake" photos were you referring to in posts 37 & 43?
The only photos we have seen are those in posts 16, 17, 18

Might have to add an addendum to your defence

[des8]

What "fake" photos were you referring to in post 37
The only photos we have seen are those in posts 16, 17, 18

Wish we'd seen the MSE thread at the beginning

[Mollygog]

Think we decided anyway to just go with the wrong road on PCN, and make them prove where I was parked. If I have to go down the other route defending on the private road, I have the photos, No bays as stated on sign, won’t supply a permit. One sign which is in the whole road, I only knew about the sign after I received the PCN and had to look for it

[des8]

You have filed a defence, so you can't easily swop over and go down the other route as you put it.
To do that you need to file an application which costs £245

However if you post up the photos they sent (post 37) it may be possible to add to your defence.

[Mollygog]

These photos are not from the road I got the PCN
https://imgur.com/a/nbPgQGf

[Mollygog]

This is photos of the entrance and exit, to where I got the ticket https://imgur.com/a/xNb85PL

[Mollygog]

This is the road, No bays at all
https://imgur.com/a/MDJ1uRR

[Mollygog]

https://imgur.com/a/qk6YF2m This photo also is not from the road I got ticket

[Mollygog]

Be honest even the weather isn’t the same on them and No time and date stamp

[des8]

So you could write to the court manager asking him to include the attached in your papers .
Include a copy of what they have just sent you (photos and emails)
You will need to send a copy to the claimant's solicitors as well.

Following the serving of additional information (attached) by the Claimant's solicitors the Defendant submits:

ADDENDUM TO DEFENCE

1. It is noted that the signage allegedly at the location includes the statement "additional costs may be incurred!"

2. The Defendant asserts the “additional charges” term on the parking sign is contrary to the requirement of good faith and causes a significant imbalance under the contract to the detriment of the Defendant.

3) Section 68 of the Consumer Rights Act 2015. (CRA 2015) requires that every term of a consumer contract must be transparent and expressed in a plain and intelligible language.

4) The Defendant contends that the term referring to the charges on the signage was neither transparent nor intelligible in that it only refers to unspecified additional charges.

5) It fails to explain what charges the claimant seeks to recover, and is also contrary to CRA2015 Schedule2 (10 & 14).

6) Consequently, the term is unfair and is not binding on the Defendant pursuant to section 62 of the CRA2015)

7) In Parking Eye vs Beavis ([2015] UKSC 67. Case ID. UKSC 2015/0116. the S C found the parking charge (£85) was a genuine estimate of the costs of operating the parking scheme including losses suffered by the operator if its terms and conditions were not complied with (see paras 188 and 193 of the judgment).

8) In this claim unspecified costs additional to the parking charge may involve an element of double recovery and is an abuse of process that may taint the entirety of the claim and permit the Court to strike out the claim (CPR3 4 (2) (b))


Statement of Truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

signed
dated

[Mollygog]

Do I have to pay to do that? Do you think I should reply to the email from DCB legal and ask why they have removed some of the photos from the evidence they attached or is that irrelevant anyway? Sorry this is driving me mad, it must be you too Thank you again

[des8]

No, don't pay.
the Court might accept it, and its not worth paying £244.

I wouldn't question DCB Legal.

I must admit I'm not sure what you have been sent or by whom as your posts can be a little confusing.