Can I still use the NEWBIE template with a court appeal?

Coupon-mad

That's not only mitigating circumstances but it drops you in it by naming the driver (why?). Surely you want to defend as keeper and add that the second condition in Schedule 4 of the POFA 2012 for keeper liability has not been met because the Notice to Keeper is not compliant?*

(*it never is, IMHO).

And was the parking event since 13th June 2014? You could add stuff about the Consumer Contract (Information and Cancellation) Regs which you can search this forum for - in fact the initial appeal in post #1 of the newbies thread explains about the regs in the appeal. Should make enough sense for you to cobble it into another defence point. It's untested but worth a try - PE would hate a decision in a consumer's favour on the basis of those Regs. Although we are not sure if it would work, it does no harm to add it, you don't lose brownie points for a defence point that's reasonably argued yet a Judge might not agree with it - who knows?!

Oh, and what about pointing out that PE v Beavis is going to the Court of appeal which is fundamental information seeing as PE are relying upon an unsafe decision.

Rodigan

So I could add?:

Your 'Notice' fails to comply with the POFA 2012 and also breaches the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013.

How do you mean, PE are relying on unsafe information?

Rodigan

I understand about Beavis appealing but please can you explain why PE are relying upon an unsafe decision?


Thanks a lot

Coupon-mad

Because it's set for the court of Appeal, so not reliable = arguably 'unsafe' as a decision.

Your 'Notice' fails to comply with the POFA 2012 and also breaches the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013.

You can't say 'your notice' in a defence sent to the Court, but yes you can add those as two separate points to be expanded upon later.

gertysingh

Regarding tiredness and driving: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/222541/INF159.pdf

Note in the government publication is "There is no excuse for falling asleep at the wheel and it is not an excuse in law"

Additionally rules for drivers on the motorway: https://www.gov.uk/rules-drivers-motorcyclists-89-to-102/fitness-to-drive-90-to-94

"if you feel at all sleepy, stop in a safe place. Do not stop on the hard shoulder of a motorway"

Additionally the AA advertise "take a break as tiredness kills...."

Think the driver's tiredness is a valid point. Suggest you rewrite your last point to say something like:

The driver was complying with the Highway Code ensuring fitness to drive and had rested in the motorway services. The driver did not see any clearly lit signage of an appropriate sized lettering. Thus no contract could have been formed between the driver and the PPC

If you can, get someone to the Motorway Services at night and take photos of the non-illuminated signage.

I would ensure you have the Highway code in your defence bundle if the court hearing proceeds.

gertysingh

Also we, the people have paid for the MSAs: "Acquisition of the land, provision of access roads, landscaping, parking areas, lighting and basic services were financed by the Department of Transport. The operator paid for buildings and equipment"

Extract from http://www.voa.gov.uk/corporate/Publications/Manuals/RatingManual/RatingManualVolume5/sect710/b-rat-man-vol5-s710.html

I believe the tax payers money finances the Dept of Transport so write to your MP about PPCs making a fast buck out of tax payers who financed the MSAs.

Rodigan

Thanks guys. I will be submitting this soon. I'll let you know the outcome.

Coupon-mad

Yes but it won't be the 'outcome' of the hearing we want to hear about. We hope you don't have to attend a hearing - we hope you will follow the advice in post #5 of the newbies thread and get your case stayed. That's what everyone with a PE claim should be doing as soon as the case is allocated locally, ask for a stay of the claim for the outcome of PE v Beavis. Covered in the newbies thread post #5 and on loads and loads of other PE Claim threads you can find by searching for keywords.

We know that if you complain to the landowner then PE will send you some old drivel about you paying them £60 as a 'without prejudice' offer that you cannot mention in court, if you refuse it. Again there are threads galore easily found with careful choice of keywords '£60 prejudice' popped into 'search this forum' (NOT searching the whole of MSE!) would find loads.