Tweet
Re: Civil enforcement ltd vs bench machine
Here is my defence, do I need to include any evidence such as a picture of the sign showing that parking can be extended? Do i need to prove the receptionist wasnt there when I went to extend my parking?
I am xxxxxxxxxx the defendant in this matter and registered keeper of vehicle ___. I currently reside at ____.
I deny I am liable for the entirety of the claim for each of the following reasons:
1. The Claim Form issued on the ____ by Civil Enforcement Limited was not
correctly filed under The Practice Direction as it was not signed by a legal person but signed by “Civil Enforcement Limited (Claimant’s Legal Representative)”.
2. The car park where the alleged parking infraction occurred, is at the Moorside Unit of Trafford General Hospital. The car park is available to staff and patients, who are allowed to park at the car park for 3 hours free of charge.
3. According to https://www.gmmh.nhs.uk/moorside-unit, the Moorside unit is open 24/7
4. The signage in the car park clearly states "Maximum 3 hour free parking If you need an extended free parking allowance please register at the hospital registration". The person responsible for extending parking allowance was the receptionist, whom would enter that person's licence plate number into the automated number plate recognition service.
5. I worked at the hospital at the time of the alleged infraction as an xxxxxxxxxxxxxxxxxxx, I was responsible for seeing patients and advocating for them in ward meetings with their doctor. On the day in question my appointments over ran in terms of length.
6. I realised that I may have had to park for more than 3 hours and went to the reception to request an extension of my parking allowance, however at the time I went to the reception all of the receptionists had gone home and there was nobody who could extend my stay.
7. I therefore claim that frustration of my contract had taken place in that the owner of the car park had been unable to extend my free parking allowance. Taylor v Caldwell [1863] EWHC QB J1 shows that if one side is unable to perform their duties under the contract then that both sides are free from their obligations under the contract. Therefore I should be free from the obligation to pay a parking charge notice.
7. The following day I contacted the receptionist and spoke to hospital staff and was informed that the landowner wouldn't take action and was told to ignore letters, therefore I argue a defence of promissory estoppel.
8.The Claimant has added unrecoverable sums to the original parking charge. It is believed that the employee who drew up the paperwork is remunerated and the particulars of claim are templates, so it is simply not credible that £50 'legal representative’s (or even admin) costs' were incurred. I deny the Claimant is entitled to any interest whatsoever.!
Here is my defence, do I need to include any evidence such as a picture of the sign showing that parking can be extended? Do i need to prove the receptionist wasnt there when I went to extend my parking?
I am xxxxxxxxxx the defendant in this matter and registered keeper of vehicle ___. I currently reside at ____.
I deny I am liable for the entirety of the claim for each of the following reasons:
1. The Claim Form issued on the ____ by Civil Enforcement Limited was not
correctly filed under The Practice Direction as it was not signed by a legal person but signed by “Civil Enforcement Limited (Claimant’s Legal Representative)”.
2. The car park where the alleged parking infraction occurred, is at the Moorside Unit of Trafford General Hospital. The car park is available to staff and patients, who are allowed to park at the car park for 3 hours free of charge.
3. According to https://www.gmmh.nhs.uk/moorside-unit, the Moorside unit is open 24/7
4. The signage in the car park clearly states "Maximum 3 hour free parking If you need an extended free parking allowance please register at the hospital registration". The person responsible for extending parking allowance was the receptionist, whom would enter that person's licence plate number into the automated number plate recognition service.
5. I worked at the hospital at the time of the alleged infraction as an xxxxxxxxxxxxxxxxxxx, I was responsible for seeing patients and advocating for them in ward meetings with their doctor. On the day in question my appointments over ran in terms of length.
6. I realised that I may have had to park for more than 3 hours and went to the reception to request an extension of my parking allowance, however at the time I went to the reception all of the receptionists had gone home and there was nobody who could extend my stay.
7. I therefore claim that frustration of my contract had taken place in that the owner of the car park had been unable to extend my free parking allowance. Taylor v Caldwell [1863] EWHC QB J1 shows that if one side is unable to perform their duties under the contract then that both sides are free from their obligations under the contract. Therefore I should be free from the obligation to pay a parking charge notice.
7. The following day I contacted the receptionist and spoke to hospital staff and was informed that the landowner wouldn't take action and was told to ignore letters, therefore I argue a defence of promissory estoppel.
8.The Claimant has added unrecoverable sums to the original parking charge. It is believed that the employee who drew up the paperwork is remunerated and the particulars of claim are templates, so it is simply not credible that £50 'legal representative’s (or even admin) costs' were incurred. I deny the Claimant is entitled to any interest whatsoever.!
Comment