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UK CPM / Glad overstay Claim Form

2456710

Comments

  • Coupon-mad
    Coupon-mad Posts: 130,603
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    13b talks about 'prices for parking' (tariffs, e.g. pay and display machine fees) which isn't right.

    And I would delete this entirely and re-number, there is never a need to re-state their case!
    Purported Basic of Claim

    7. Further based upon the scant and deficint details contained in the Pariculars of Claim and correspondence, it appears to be the claimant’s case that:
    a. There was a contract formed by the defendant and the claimant on 2nd February 2017.
    b. There was an agreement to pay a sum or parking charge.
    c. That there were Terms and Conditions prominently displayed around the site.
    d. That in addition to the Parking charge there was an agreement to pay additional and unspecified additional sums.
    e. The claimant company fully complied with their obligations within the terms of Schedule 4 of the Protections of Freedoms Act 2012.
    f. The claimant company fully complied with their obligations within the International Parking Community Code of Practice of which they were member at the time.
    g. Further that the defendant has not paid the alleged debt.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • C-M - any idea why the OP is talking about POFA in 20?

    they dont need to talk about POFA at all, as theyre defending as driver. Meaning also that the limitations on recovery against a keeper (20 c) is irrelevant.
  • nosferatu1001 / Coupon-mad / KeithP - Thanks for the replies, all your help is honestly greatly appreciated!

    Regarding the whole defending as keeper or driver I'm still unsure as to what is the best course of action? Is one better than the other in my defence?

    Nothing much has been said about the lack of PCN on the vehicle - I've read a few threads about this and it would suggest this could be a failure to comply with POFA 2012. The first letter received was on the 15/03/2017 stating a PCN was given on the 9/02/2017 and that it was issued on 14/02/2017.
    I would gather from that the event was on the 9th Febraury so letter should be been received by 23rd Feb? (14 days later). Is this correct? Still can't work out why the PCN was referring to the 9th but issued on the 14th?

    Coupon-mad - I see your point about 13b and 7, I will remove accordingly.
  • Well of course defending as Keeper is better, if that option is available to you. Literally EVERYTHING you write about POFA is ONLY concerned wit hthe Keeper. Are you clear on what POFA actually does yet?

    If, however, the DRIVER has been identified at any point, and the driver is also the defendant, then that option IS NOT AVAILABLE. Again, for obvious reasons!

    If there was no PCN on the vehicle then POFA 2012 Sched 4 para 9 applies. If there was one, then para 8 applies. You will note the two limits.
  • LewiiiD
    LewiiiD Posts: 79 Forumite
    edited 20 September 2017 at 12:05PM
    There has been no correspondence directly with Gladstone or UK CPM regarding this claim. The first they would have known about the decision to defend the case would when the acknowledgement went into the court - so at no time has the driver been identified?

    It was suggested by Keith P in an earlier post to defend as Driver?

    Ive read the POFA bits and from what I can decipher is that where no notice to keeper(PCN) was served (on the vehicle) it must be served not later than 14 days after the event.

    In my case no PCN(NTK) was served on the vehicle and my first knowledge on any ticket was from a Formal Demand letter dated 15/03/17 so that would be well over 14 days??

    nosferatu1001 - would you happen to know why the photo's and PCN state the 9/02/17 but the issue date is 14/02/17?
  • Iin which case, why are you identifying the driver now?
    It is almost always best to defend as the keeper.

    Certainly it is utterly wrong to talk in any way about POFA if you are not defending as keeper.

    See what others think, but I think it barmy to not defend as keeper, meani ngyou urgently need to alter your posts.

    they took them on day X, but issued the PCN on day Y - often the day of posting.
  • KeithP
    KeithP Posts: 37,427
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    LewiiiD wrote: »
    It was suggested by Keith P in an earlier post to defend as Driver?
    No I didn't.
  • Post have been amended, don't believe driver has been identified...

    Defended as Keeper is what shall be done then, but I'll wait then to see what others think.

    KeithP - sorry must have got my wires crossed. You just mentioned it might be more comfortable defending as the driver.

    Thanks again.
  • as youre defnding this as the keeper, you keep everything about POFA in there
    They HAVE to use this as it was the will of parliament that this is how Keeprs can be held liable.

    Look up CPS vs AJH films and Elliot vs Loake , as PPcs hope to bamboozle courts into thning they have any relevance to the case at hand. they dont, and the reasons why are given all over this forum.
  • That's all been taken onboard. Thanks for the heads up!
    I'll do my research on those cases and update the Defence accordingly.
    Once I have my final draft I'll post up before submitting to the court.

    Thanks!
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