Court claim issued for parking”fine” from 2012

pappa_golf

Ryandavis1959 wrote: »

In what way am I nitty picking?

Can you recommend the books I should read?

start here , https://www.legislation.gov.uk/ukpga/2012/9/contents

pappa_golf

Coupon-mad wrote: »

Bringing this back on topic, and ignoring Ryan's latest attempt to lead a poster up the garden path, and to take the thread off on a tangent, search the forum for Excel 2012 claim, and read all the other example defences.

Use a recent 2017 one as a base.

Add your extra points as defendant, e.g., this very valid defence point by Castle:



And show us the draft defence you then get.

Please don't follow misleading advice from any niggly poster who carries a misleading signature that actually tells posters to admit who was driving. Make of it what you will!

newcastle royal victoria was a VCS site , check back in history

waamo

Ryandavis1959 wrote: »

In what way am I nitty picking?

Can you recommend the books I should read?

May I recommend the Janet and John series. You may find it educational.

nigelbb

I am surprised that regular posters are missing the obvious defence that there is no keeper liability. The parking event took place in August 2012 several months before the Protection of Freedoms Act 2012 became law. Provided the driver's identity has not been revealed then the keeper cannot be held liable for parking charges incurred by the driver therefore the claim has no prospect of success.

A strongly worded defence highlighting the above should either see the claim dropped or more likely the court itself will strike out the case.

pappa_golf

nigelbb wrote: »

I am surprised that regular posters are missing the obvious defence that there is no keeper liability. The parking event took place in August 2012 several months before the Protection of Freedoms Act 2012 became law. Provided the driver's identity has not been revealed then the keeper cannot be held liable for parking charges incurred by the driver therefore the claim has no prospect of success.

A strongly worded defence highlighting the above should either see the claim dropped or more likely the court itself will strike out the case.

http://forums.moneysavingexpert.com/showpost.php?p=73744939&postcount=16

Andy69

Its vcs who are still trying to get money for it from a car park called The Percy Car Park Hanro Group issued on 04/08/2012

Andy69

Thank you ive edited the post

Coupon-mad

Show us the draft defence you put together after doing as advised in post #21.

One search finds other pre-POFA 2012 defences, as I said already.

Andy69

I had to quickly answer the court letter as i got the response deadline wrong so quickly used the pre 2012 freedom act and the valid blue badge as my wife was with me in the car, i now have court directions questionaire and a copy of bw legals questionaire they have ticked mediation as have i, they have said no to expert witness but left a tbc on the witnesses, im at a loss as to how or what to do next, working in the nhs as a auxillary nurse im very much tied to shift patterns which are done usually a few weeks in advance, working long hours on busy wards doesnt leave a lot of time to be having to deal with things like this tbh i wish id just paid it at the time but the advice from friends back then was to just ignore every letter some good that has done me! Any help will be greatly appreciated

nosferatu1001

Ok
Show us the defence you submitted then! At least that would help.

Newbies thread
Post two
Explains what to do.