Parking Charge, IPC Member, inadequate signage

behindtheeye

I'd really appreciate any further input on this as I have to submit the defence imminently and I feel this is an important point.

Also, I know there used to be a reference to emailing the defence to the Northampton court but I can't see this in the newbies thread - does anyone know if this is still an option? I'd rather submit electronically (as a PDF) rather than post.

behindtheeye

Coupon-mad and others, I'd really value your input on this, I have to submit tomorrow!

I found the answer to the email query, it can be sent to
ccbcaq@hmcts.gsi.gov.uk

behindtheeye

Last time I will do this but... bump!

Coupon-mad

I don't see a mention of what is covered in part 8 (8) (a) of POFA:
"any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it;"

It means the appeals process, so they do include that.

behindtheeye

Thanks. In that case I am afraid to say I am struggling to find how this is not POFA compliant and may have to remove this from my defence. I can post the NtD here too if it helps.

Coupon-mad

DE don't have the wording in para 8 or 9 at all, surely.

behindtheeye

I've gone over it again against paragraph 8. I don't see where it isn't compliant.

The only things I noticed are:

The parking period is vague "that immediately preceded the issue of that notice" (a time / date of the alleged parking incident is mentioned earlier) and...

It makes reference to "When the notice is given it must be accompanied by any evidence prescribed under paragraph 10."

Paragraph 10 starts "The appropriate national authority may by regulations made by statutory instrument prescribe evidence which must accompany a notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) or paragraph 6(1)(b) (as the case may be)"

and frankly I don't understand what it is referring to and whether it applies to me.

behindtheeye

I have enclosed the NtK in post #58 if anyone would like to offer a second opinion (which would be amazing)

Coupon-mad

Hmmm...that NTK looks more compliant than some of their versions, but you can still use the POFA, on the basis that there was no 'relevant contract' and no 'adequate notice' of a parking charge (both pre-requisites of Schedule 4) because the sign doesn't face oncoming traffic, as you would expect if they are trying to create a clearway/red route (no stopping).

The sign contradicts the NTK. The sign tries to create a contract to pay £100 to park on the access road, yet drivers couldn't see that contract before parking! And the NTK gives it away, the area is described as 'no parking'...i.e. where that conduct is not only not offered for £100, but is prohibited.

I would add that to your defence.

Finally, is it worth me mentioning their initial balls-up (claiming my details didn't match what they had "acquired from the DVLA") in this defence?

Yes, shows they have dealt with the matter disingenuously, lacking fairness and transparency. Say so!

behindtheeye

Thank you very much Coupon-mad, I really appreciate it. I will amend the defence accordingly and get it sent off.