Oldie- faq no help

Coupon-mad · 21 November 2017 at 1:15AM

whiskeytoothpaste wrote: »

Really uncertain now.

Tell us more, whiskeytoothpaste, and don't be intimidated.

whiskeytoothpaste · 21 November 2017 at 7:36AM

Well, if it's all the same, I hold no ill feelings towards anyone. I am too concerned with getting vcs off my back and intend to just stand my own ground with this.

nosferatu1001 · 21 November 2017 at 11:18AM

Umkomaas wrote: »

Yep - Google and Parking Prankster.

Also look at other defences here

EvL is easy - it was a criminal case, and the combination of forensic evidence AND the defendants testimony was used to establish the drivers identity. so far from there being an "assumption" created, the court made a finding of FACT based on EVIDENCE.
So you tell the court the claimant is required to do the same - provide evidence that establlishes the drivers identity.. If you can state you were not the driver then do so

CPS vs AJH Films is also about employer / employee relationships and liabilty for an employees actions while working for the company lying also wit hthe company involved. So here if you can state the driver was going about their own private business (e.g.. shopping, eating out, etc) then do so. then put them to strict proof that the defendant is a company AND that the driver - who they have to identify - was WORKING for the defendant on company business at the time of the alleged incident.

whiskeytoothpaste · 21 November 2017 at 10:03PM

That's really helpful. Will i find out which cases they will be relying on beforehand?
I'm in the process of replying to their letter of claim.
I'll just request
Cause of claim
Driver or keeper
Landowner contract
Camera calibration info
Evidence of who the driver appeared to be

Anything else?

Coupon-mad · 21 November 2017 at 10:12PM

And ask for all photographs taken on the day, including a photo of the sign t&cs, and how near the car they were on that day.

whiskeytoothpaste · 21 November 2017 at 11:27PM

Thanks. Seen those on mpcharge. They tell their own story.
Why would an operator be sitting in a car- on the land, luring a driver in. Camera in hand and not take a pic of the driver reading a sign? Surely that would be irrefutable.
Why did the operator feel the necessity to take a close up of the sign?

Coupon-mad · 22 November 2017 at 12:01AM

Seen those on mpcharge. They tell their own story.

You've seen some photos online, but you need to ask them to supply ALL photos and including a photo of the sign t&cs, and how near the car they were on that day.

This isn't about only asking/not asking for stuff you have seen online. It's about putting them to proof, to show you everything they intend to rely upon. There may be more photos. Ask for them all (never mind that you've seen a select few...).

Why did the operator feel the necessity to take a close up of the sign?

Because they have to! Because it forms the alleged contract.

Why would an operator be sitting in a car- on the land, luring a driver in. Camera in hand and not take a pic of the driver reading a sign?

Why do you think they do this? MONEY.

They don't want to/have to show the driver reading the sign.

whiskeytoothpaste · 22 November 2017 at 12:40AM

I think I get that but anyone insured to drive my car would never have left it if they had seen/read the signs- they would've had to stand in the same position as the operator taking the close up. They are way too far away to read from the position of the vehicle.
Serial litigators should recognise the value of evidence?

I feel somewhat naive in all this but it reeks of unfairness. You cannot penalise anyone without adequate warning. I couldn't.

Anyway- thanks. I'm going to spend a few days drafting a response.

whiskeytoothpaste · 22 November 2017 at 12:48AM

I do not want to make any negative comments about anyone. I don't really have any to make. Except of course towards ppcs. When I imagine all the vulnerable people just paying- I feel a sense of unjust and anger. I want to become a successful statistic in the hope that I have done something for the cause, learned something along the way and will be able to help others.
I feel proud that over the last two years I have helped 3 of my friends win at popla.
The ipc mob are new to me.

whiskeytoothpaste · 22 November 2017 at 6:18PM

I have drafted up a letter of response to a Letter of Action. In addition, I will need to fill in the annexe on the new forms. Is this the kind of thing I need to include?

I am in receipt of your letter before claim dated xxx.

This debt is referred to in your letter was neither agreed in writing or orally. The debt that you are incorrectly claiming belongs to me is assigned by your client VCS who have yet not provided specific details relating to their claim. Therefore I do not know under which relevant statutes, regulations or laws your client is holding me liable for this debt.

Your letter contains insufficient details. Please treat this letter as a formal request, under paragraphs 5.1 and 5.2. for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and also when costs come to be considered.

As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. Furthermore, your client has not yet specified any underlying statutes and or regulations upon which they are basing their claim other than they claim to operate within the IPC code of practice which they have not done in this case.

I request that your client provides:

A full explanation of the cause of their claim- trespass or contractual?
Whether they are pursuing me as keeper or driver
Whether they intend to rely on POFA 2012
All photographs of the land and the vehicle which they intend to rely on
Calibration information which demonstrates how the equipment they are using is calibrated or time-stamped.
A copy of an unredacted contract with the landowner which clearly grants your client permission and authority to issue charges
Any evidence indicating the identity of the driver upon which your client intends to rely

Oldie- faq no help

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