Fine on hospital property, given to staff

Redx

Scigal wrote: »

Reading it they say they dont have to give us a popla code because they are a hospital and run by the government, and therefore do,not need to be regulated by bpa

they are not above the government law, and many a hospital has been found wanting for breaking government rules and government laws and you have to ask yourself what data are they using in obtaining or using the RK details if the DVLA (another government body) wont release them to parties not signed up to this AOS option (and some trusts are definitely listed)

perhaps they are using data on the permit holder ? a misuse of the DPA one wonders ?

did they obtain the RK details by deception ?

do they think that somehow a government law called POFA 2012 does not apply to their over inflated egos ?

or the laws of trespass or the unfair contracts laws etc ?

I would like to have a judge rule on it for the simple fact that these egotistical idiots in charge of some of our trusts have lost sight of what they actually provide, who to , and why

so your hubby goes to the court and says on record he was not the driver and that POFA 2012 does not apply here

I was bricking it when I took on a large former employer over a DDA case that happened before the DDA (now EA2010) came into effect, it was dropped and they capitulated about a week before the court case , clearly they realised they would lose so I received compensation, so never say never

Dee140157

Perhaps you can persuade husband to file full defence hopefully with behind the scenes aid, so that t gives the Claimant a chance to drop out when they see your defence. And if they don't, as C-M leave till the last minute, , the day before to pay and drop out if he really can't face it. They may cave first.

Coupon-mad

And now we have this bundle on our doorstep. Its a bit lopsided. We've been gicen a week in order to get everything to the court.

You must file a defence - surely the directions form the court gave a date for that? Anyway it's not difficult and he really doesn't need to 'learn' anything much except the part of Schedule 4 of the POFA2012 which states how a landowner, occupier or parking operator establishes keeper liability (and they didn't, so there is no law to allow them to pursue a keeper). And anyway the charge is punitive and not a genuine pre-estimate of loss arising from a parking event which caused no loss and was not him driving. Case should be struck out or dismissed.

Bargepole explains in simple terms here what's needed now in expanding the defence and including a simple witness statement:

https://forums.moneysavingexpert.com/discussion/comment/66052955#Comment_66052955

Make it nice and tidy for the Judge, not too much info, all exhibits numbered and clearly attached (put the Judge's copy in a tidy small ring binder and in Times New Roman font, 1.5 line spaced!).

And make sure the claim number and the fact this is the defendant's witness statement and defence for the hearing scheduled on xx/07/14 is clear to see on the top. Make sure that the witness statement is signed and dated by your husband and follows the simple format that bargepole says - that bit is a truthful statement of facts that he wasn't driving). Could hand deliver the ring binder to the court on Monday and post the copy to the claimants' solicitors by recorded delivery - or by DX if your firm uses DX - and wait and see what happens prior to the hearing. Hold your nerve!

Which court is it? It's rare but maybe a regular poster lives nearby to help? This is a simple one to argue for a keeper who wasn't driving. Look:

Right to claim unpaid parking charges from keeper of vehicle

4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
(2)The right under this paragraph applies only if—
(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met;
etc. etc. etc.

Obviously print out this as one of your exhibits and include it in with the skeleton argument for the court and the claimant:

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

...and your defence point on that matter would be simple, such as:

'I am the registered keeper of the vehicle. For a registered keeper to be liable for the parking charge notice under Protection of Freedoms Act 2012 (‘POFA’) Schedule 4, section 8 requires a specifically-worded 'notice to keeper' to be issued within a certain timeframe. This claimant failed to issue such notice to keeper, and as such failed to meet the second condition under section 6(1). There can be no keeper liability outwith POFA. '

Any sensible Solicitor advising the trust and seeing that defence, would realise the case is against a person who cannot be held liable in law as the simple conditions in POFA 2012 Schedule 4 have not been met by the Hospital Trust. There is no way around it.

by the way, then solicitor has signed the company name not in their own hand

Irrelevant as solicitor firms always sign like that - have you never noticed when you bought a house or used a solicitor? Anyway your husband just needs to state the facts about the POFA 2012 - if a Judge asks who was driving he mustn't lie of course. But if the claimant asks he can say it's not for him to guess or help a claimant in finding who they think they may have contracted with, but the fact is the driver was not him and they haven't used POFA 2012 compliant Notices so can only take it up with the driver - should never have started a claim against him as keeper.

HTH - if he does go to a hearing and wins it, your husband can claim lost earnings up to £90 as well, and parking fee/travel, so get him to ask at the end when he wins and to take long a slip of paper with his expenses & lost earnings shown (pre-written) in readiness for the win.