PCN defence advice please!

[Darrenp27]

I received the attached PCN and responded to the County Court claim with a standard defence template.

I have noticed that the image used to prove parking simply shows my car entering and leaving the car park which surely doesn't prove parking? We stated at the time that the payment machine wasn't working and there were no other means to pay but never received a response from Civil Enforcement regarding this. They have since sent me an offer to settle for the price of the original ticket plus court costs (£85) which i haven't yet responded to.

Do you think i should settle or do you think i have a case?

Any help is greatly appreciated!

[echat11]

ostell Can you please take a look and advise, many thanks.

[ostell]

It's a shame you identified the driver. I would suggest you make an offer to pay, the ticket plus court costs. £100 + £35. The solicitor is a salaried employee and the interest is only because they delayed taking this to court. If it goes to court then they lose anyway as they cannot recover their costs

If you had not given away the ideentity of the driver then they have failed to comply with POFA, several reasons, and I believe Port of Well is subject go byelaws and therefore no keeper liability

[Darrenp27]

As they only have an image of the car going in and leaving the car park, can i not argue that images of a moving car do not constitute parking?

[ostell]

But where were you going when you passed the camera?

The court is on the basis of probabilities. Entering a car park then it was probable that you parked