PE- court after ignoring everything

johnnyboyo

i have received the court paperwork.

the address on the letters from them, and the court paperwork of where i was supposedly parked is wrong, the road name is wrong but post code is right, the road name is public highway.

having looked at the 2012 Act it states:

(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

do you think stating:

1. the road is public highway

2. i was not parked on the road you state i was

3. notice to keeper is invalid due to the above.

do you think i can base a defence on those points alone?

thanks

peter_the_piper

Have you confirmed with the relative council that the road in question is public and not private?

Marktheshark

If so then yes you have a very good defence point, however check with the council this is so.
They will carry on regardless so you will be going to court, they are very good at bamboozling you with endless papers so stick to your guns.

johnnyboyo

100% it is public highway, there is a school on it, and the council cctv enforcement vans sit along there

i suppose i could get a letter off the council confirming this.

i just wasn't sure if i should just keep the defence very brief as above and stick with that or start exploring further points.

Half_way

i suppose i could get a letter off the council confirming this.

You will need to get a letter form the council confirming this.
Also if you were not parked on the road they say you were ( the public highway) then where were you parked?
Was /is the car park off that street and the street name is the address of the car park ?

johnnyboyo

hi,

i was in a private car park, which address is a different road, which is next to the road they state i was on.

thanks

johnnyboyo

by the way, i do actually have permission to park in the car park, so even if the address was correct i would be appealing on that, but i wasn't sure if i should wait to see what they come back with first or mention now that regardless of those 3 points i am entitled to park where i actually was.

bargepole

johnnyboyo wrote: »

by the way, i do actually have permission to park in the car park, so even if the address was correct i would be appealing on that, but i wasn't sure if i should wait to see what they come back with first or mention now that regardless of those 3 points i am entitled to park where i actually was.

You won't be 'appealing', the time for that is long past.

Also they don't have to 'come back' with anything.

You need to do more research to find out how to defend a claim.

johnnyboyo

yes i know, when i say appealing i meant defending in court.

so should i put both points in my defence to start with, or stick with the 1 as in my first post?

Coupon-mad

You need to research this MUCH better, just as bargepole said. No-one here would tell you to face Parking Eye based upon merely one or two shaky points. You would lose against their solicitor representative and you'd pay about £200.

These are hard enough to win at the best of time right now against PE, let alone with a defence of two points only, missing the entire Beavis case and not even mentioning signage or the fact they don't own the land. It is good that you looked at the POFA Schedule 4 but I can't yet recall anyone winning on an argument based on the wording of that schedule. And you would have to stand in court and not say who was driving if you were to rely upon the POFA because it's there for a registered keeper to quote but not a driver.

You can't add more new points later, once you submit the defence.

You need to read some example defences on here to at least see what you could include. Search this forum for 'court defence' and read a few from the past 2 or 3 months only and come back and show us your draft.

And acknowledge the claim online via MCOL, tomorrow, which extends the defence time to a totoal of 28 days from service of the papers rather than just 14. LEAVE THE DEFENCE BOX BLANK. Only acknowledge.

Then get on to searching the forum for 'court defence' or 'court defence ParkingEye'

(ParkingEye being one word).

johnnyboyo

hi, thanks for reply.

i can write up a defence with more points, but i need to know if i should defend where i was actually parked even though notice to keeper and further letters all state my car was parked elsewhere.