Request for popla refused despite quoting legislation, what to do now?

Gin_and_Milk

Thanks both of you. I'm going to leave it tonight otherwise I won't be able to sleep.
But I'll make sure I wake up with my fighting head on.
That said I've got a home visit with a really stressful client tomorrow (I work in mental health), so I'm usually at the top of my tree when I've been with them for an afternoon!

Kind_Of_Irritated

I see Coupon-mad has now given you the benefit of her considerable skills and knowledge. These cowboys are clearly scared by such sites as this, as Parking Prankster has mentioned here in his latest blog post http://parking-prankster.blogspot.co.uk/2017/01/mil-collections-claim-to-have-won-7.html

And here is something else of interest from Parking Prankster on suing the so-and-sos http://www.parkingcowboys.co.uk/data-protection-act/

Keep your chin up.

Gin_and_Milk

Right, fighting head is very much back on and I have spent the evening doing a LOT of printing as well as reading!

I've also read through other people's WS again and it does seem to be making more sense now. I'll be cracking on in earnest with mine, tomorrow evening as I need to spend an hour on my assignment, then bed!

Still haven't heard from Gladstones, but that doesn't surprise me in the slightest.

Thanks for your help - again!

Kind_Of_Irritated

Great stuff. Glad to hear it. :T

Gin_and_Milk wrote: »

Right, fighting head is very much back on and I have spent the evening doing a LOT of printing as well as reading!

I've also read through other people's WS again and it does seem to be making more sense now. I'll be cracking on in earnest with mine, tomorrow evening as I need to spend an hour on my assignment, then bed!

Still haven't heard from Gladstones, but that doesn't surprise me in the slightest.

Thanks for your help - again!

daveleeds56

looking at your answer to gin and milk on this issue if a notice regarding an alleged contravention on the 26/7/16 was posted to me on the 2/8/16 that would definitely too soon if theyre supposed to wait 29 days wouldnt it?when i get the info from DVLA what do i do then?

Gin_and_Milk

The NTK was dated the 25/8/16. Still waiting to hear from the DVLA but won't hear from them before I send off my WS if that's what you mean daveleeds56?

Gin_and_Milk

Just reread your post. You need to start your own thread otherwise you'll just confuse everybody!

catfunt

daveleeds56 wrote: »

looking at your answer to gin and milk on this issue if a notice regarding an alleged contravention on the 26/7/16 was posted to me on the 2/8/16 that would definitely too soon if theyre supposed to wait 29 days wouldnt it?when i get the info from DVLA what do i do then?

AS G&M says above - you need to post this on your own thread, or start one if you have not already done so.

Gin_and_Milk

Well here it is. Not the best, but I'll have time in the morning to do a quick tidy up all being well.

WITNESS STATEMENT

I XXXXX of XXXX am the Defendant in this case



The exhibits which the defendant intends to rely upon are as follows:

Ex. 1. Defence statement
Ex. 2. Image of entrance to driveway of Mecca Bingo car park
Ex. 3. Parking sign by Private Eye in Beavis case to demonstrate clear signage
Ex. 4. Image of parking machine demonstrating denominations of currency accepted
Ex. 5. Copy of Claimant’s PCN, which also states 4% surcharge
Ex. 6. Protection of Freedoms Act, 2014, schedule 4
Ex. 7. Letter from Claimant to registered keeper, 25th August 2016
Ex. 8. Excerpt from Barrister Henry Greenslade on ‘Keeper Liability’ POLPA annual report, 2015
Ex. 9a - 9d. Email correspondence between Defendant and Claimant
Ex. 10. Extract from BPA’s Code of Practice
Ex. 11. The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations, 2015
Ex. 12. Document from BPA to Department of Business, Innovations and Skills with regards to ADR in the parking process
Ex. 13. Letter from Claimant to Defendant, 23rd September 2016
Ex. 14. Claim form from Claimant to Defendant, 20th October 2016


1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed


3. It is admitted that the defendant, XXXX, residing at XXXXXX is the registered keeper of the vehicle, but the defendant was not the driver.

4. There is no signage whatsoever from the Claimant on the driveway to the carpark (ex. 2). Please refer to (ex.3) a copy of the clear and distinct signage used in Beavis v Parking Eye.

5. The driver tried to purchase a ticket for the duration of the stay, but was unable to do so due to the Claimant failing to provide adequate facilities. The lowest denomination of currency that the Claimant’s machines accept is a twenty pence piece (ex. 4). However the cost of the ticket was £1.50. The driver did not have a fifty pence piece and the machine gave no change.

6. It is not believed that the Claimant has incurred additional costs, be it legal or debt collector’s costs, or even their unlawful 4% fixed sum surcharge for payments listed in (ex. 5). The copy of the PCN gives no indication of how long the vehicle was in the car park either (ex. 5 & ex. 7).

7. The Defendant submitted an appeal on 26/09/2016 (ex. 9a) which was rejected by the Claimant on 29/09/2016 (ex. 9b). The Claimant stated that Schedule 4, Protection of Freedoms Act, 2012 only allows 28 days in which to appeal, and as that time had lapsed, the appeal would not be recognised. However, there is no such mention of this in Schedule 4 (POFA). The Defendant also refers to The British Parking Association’s code of practice, paras 22.12 & 22.12.1 (ex. 10).

8. The Defendant’s email to the Claimant (2/10/2016) (ex. 9c) acknowledges the Claimant’s error regarding their misleading information between POFA 2012 and the BPA’s Code of Practice, and reiterates the EU Consumer Rights Directive. The correspondence also advises that under the Consumer Rights Act 2015, an Alternative Disputes Resolution (ADR) service must be made available for a period of twelve months.

9. The email from the Claimant dated 3/10/2016 (ex. 9d) informs the Defendant that the claim has been passed to the Claimant’s solicitors. However in the claimant’s letter dated 23/09/2016 (ex. 13), it states ‘If you have not agreed a payment schedule with us by 07/10/2016, we will not be able to prevent further action from being taken against you’. Therefore the Claimant brought the date forward
10. The Defendant refers also to the Alternative Disputes Resolution for Consumer Disputes (Amendment) Regulations, 2015 (ex. 11); para 19 (2).
The Defendant also refers to the letter from the BPA to the Department for Business, Innovation and Skills, in which it states ‘ADR in the parking profession: We support the principles of the EU Directive on ADR for Consumers. We have a master plan objective that says ‘everyone should have the right of appeal against parking enforcement.’ (ex. 12).

11. No evidence has been supplied by this Claimant as to who parked the vehicle. Under POFA 2012, there is no presumption in law as to who parked a vehicle on private land, nor does there exist any obligation for a keeper to name the driver. In his 2015 Annual POPLA report, (ex. 8) Barrister Henry Greenslade, refers to ‘Keeper Liability’ where he states: ‘However keeper information is obtained, there is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver. Operators should never suggest anything of the sort’.

12. Under POFA 2012, a registered keeper can only be held liable for the sum in any compliant ‘Notice to Keeper’. This depends upon the Claimant fully complying with the statute, including ‘adequate notice’ of the parking charge and prescribed documents served in time / with mandatory wording. It is submitted that the claimant has failed on all counts.



Statement of Truth: I confirm that the contents of this statement are true to the best of my knowledge and belief: XXXX

The layout is much better in the actual document than here.
Nothing from Gladstones. I'm guessing that they have an 11th hour tactic.

thanks

Kind_Of_Irritated

Well done. You seem to have got your fighting hat back on. :j

I think you said your case is scheduled for the 31st. As I mentioned earlier I read elsewhere that one defendant turned up at the court to find the whole case had been cancelled by the claimant WITHOUT informing the defendant, though they [and it was Gladstones/Link] are required to do so by law. So it might be worth your while ringing the court a day or two prior to the case to make sure it is still listed.

If they have got cold feet after your extensive witness statement they might try to call it all off, so that you can't charge them expenses if/when you win. If this is the case and you have time to unwind and chew it all over it might be worth seeing if you can claim against THEM.

That's what I intend to do if they try to take my case all the way (and back out at the last minute, or lose in court).

Again, well done for persevering. And the best of luck to you. :beer: