Total parking solutions/ ie legal solicitors

Coupon-mad

They are having a laugh. But I still can't see the linked claim form.

miladm1067

the link works?

miladm1067

http://oi65.tinypic.com/auujoj.jpg

Coupon-mad

Great, I can see that one, not sure why I couldn't get the other one to open (my laptop's fault, maybe)

Have you shown us the 'Particulars of claim' that they had to follow that with seeing as it tells you nothing in that claim form about the details, dates, times, parking contravention(s), location(s), or anything else, not even the car VRN(s) involved.

Quentin

The ppcs monitor this forum and can use your posts and thread against you

You need to edit the photos to remove all unique details regarding the claim so that you are not identified by the ppc

Quentin

See #81

Lots of unique information in your pictures that will allow the PPC to identify you!

Coupon-mad

Here's the person who signed it:

https://uk.linkedin.com/in/preeya-jadeja-b1725497

You can challenge the fact at the hearing, their witness won't turn up, her background and suggests she is a glorified customer service clerk, and no way will appear at a hearing and nor does she have knowledge of the parking event(s).

The Particulars do not list the dates of the other six parking events nor show any evidence of what the 'contractual terms' were (and they admit the car was in at least two different places, 'drop off' and a no stopping area) but have shown no evidence, photos, dates, signs...nowt.

They are trying to claim nearly a thousand pounds in total, for seven unproven parking events at £60 each - where the Notice to Keeper letters will have only stated £60. Seven times £60, is £420 (plus court fee which would have been only £25 for that sum if they had not inflated it), so even if you lost this case, the most they could recover - you MUST argue - is £445. NOtwithstanding the fact that any alleged debt, any contravention of terms, is denied.

Is there any photo evidence that the car was there for more than 20 minutes each time, what do all the NTKs look like, do they ALL include reams of photos spanning MORE than 20 mins?

Don't forget that IamEmanresu, who has his finger on the pulse of court hearings, said:

TPS are bluffers. They issue the claims and take what cash they are paid. They've only actually been in court once this year.

They might rock up in your case as it's seven PCNs, and they are following the money, but a robust defence is the first step.

So, please take into account what I just pointed out above. Start your defence that way, pointing out the lack of evidence and detail/dates, no evidence even of the contract allege to have been breached, making your defence an almost impossible task so you ask for the right to update it, or for the court to strike the Claimant's particulars out as they are woefully inadequate in showing that any contract was breached on seven different (unknown) dates.

Decide if you are going to defend this as the admitted driver (best if you feel you will struggle at a hearing unless you can talk honestly as the driver),

OR

are you going to use the POFA 2012 and remain ''the keeper'' (no driver admitted even if the Judge asks you, show him/her your insurance document detailing - we hope - more than one possible driver). That has the distinct advantage that you can argue that Schedule 4 allows recovery of ONLY the sum stated in any NTK and no more, no double recovery. So this allows you to say, ''look, it can be no more than £60 a time under the contract and under the law'', even if the Judge is not with you in your defence entirely.

Look also at the criticisms (intended to be constructive and shake you up a little, into a more concerted effort) I made of your first draft defence. Hack it about a bit or read some other University defences which are pretty similar to this one. For example, the forum saw several UKPC University defences, in 2016, you can search 'University permit defence' and read some threads in detail and use what they used.

Come back and show us the second draft.

miladm1067

I will do my second draft now. The particulars shows photos dated with the time at the bottom they also show pictures of the signs on campus next to the car..

Coupon-mad

What, more than one photo, taken across MORE than 20 minutes of observation, for ALL SEVEN events?

And showing (legibly?) what the signs say behind your car at each place?

miladm1067

the 20minute drop offs do not show a 20 minute difference in the two photos? Does it have to do it. In other words it doesn't seem to show proof of staying over 20M. What would be my defence on the "no parking at any time" signs:/- car breakdown?