Now received court claim

Lamilad

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking charge notice. Stating, If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver. The information required includes,

1. Which car the ticket relates to

3.2 Even though the claimant had no right to use the DVLA database (and the defendant retains the right to take action under the Data Protection Act). The claimant had the opportunity to correct the mistake on the PCN, or at least bring it to the attention of the registered keeper at the first opportunity, when writing to the registered keeper. He chose not to be open, honest, truthful or trustworthy, instead sending a template and invalid Letter to Keeper.

Maybe I'm not reading this right but it doesn't make any sense. Are you saying that they haven't identified the vehicle in the NtD? What is it they haven't been open/honest about? It's not accurate to say they had no right use the dvla database. You could say they had no reasonable cause to request your personal private data from them but tbh, it's not really relevant to your case

3.3 To use PoFA the letter to keeper needs to comply with the regulations. Not surprisingly it doesn!!!8217;t. It fails even refer to the transfer of responsibility to the keeper, mention the location the event alleged or offer any form of appeal amongst other failings.

You've already said they don't comply with pofa you don't need to say it again. In fact, instead of using several paras to say they haven't complied, you could have summed it up in one - see Johnersh defence linked in newbies.

Lamilad

4.1 The Parking Charge Noticed identified a different vehicle to the defendant's. As such the driver was under no obligation to pay the charge or to appeal the charge.

So, this is the answer to my question above, but you see the inherent flaw with how information flows

4.2 The Defendant appealed the Parking Charge Notice on the 02/02/2017 after receiving a letter to keeper from the claimant; explaining what had happened; including both a copy of the ticket displayed & the faulty PCN, providing the Claimant with clear evidence that the defendant acted in good faith and made all reasonable endeavours to comply with the terms and conditions. He had the opportunity to consider an appeal at that time. He chose not to, denying the defendant all right of appeal including that laid down in the code of practice for the IPC.

Again, it's not clear what you're saying here. Did they ignore your appeal or reject it? Just say exactly what the issue is and why it is wrong i.e:
* They ignored my appeal
* This a breach of CoP and PaP

I am XXX the Defendant and was the registered keeper of the vehicle. [strike]The defendant was not the driver at the time of the alleged incident.[/strike]
The Defendant denies liability for the entirety of the claim for the following reasons:

This should be the first sentence, above preliminary matters

fireintheeast

Many thanks for that. I'll make those changes.

fireintheeast

Posted my defence, went for the 28 day option. Received back acknowledgement. Gladstones have written back saying they want to use papers only or the claimants court which I'll disagree with.
While building my defence I saw a post with a photo of car park signage stating how to display the ticket, i.e. with the details showing.
Can anyone recognise that photo because I would like to use it in my defence. It was a photo of a HX Car Park.

nosferatu1001

Did you search for,posts containing that? Would seem a first start.

Ensure you use the covering letter to make it clear why this isn't simple at all.

fireintheeast

I've had the case referred to my local court, with a hearing on 12th September. I have to "serve and file copy documents by 4pm 5th June" . What do I need to actually do in layman's terms?

Le_Kirk

Well, not being funny but I would say you have to serve and file etc.. However if you go back to the Newbie sticky you will find a walkthrough of the whole small claims process including what you must do and by when.

This one

.. and this one should help.

fireintheeast

Thanks Le-Kirk. Those links help. I do a witness statement and put all of my evidence together giving a copy to Gladstones & the court.

Tara_M

I would suggest applying to have the case heard at your local court and appearing in person. IME, claimants rarely turn up especially if it's many miles from their base.

Umkomaas

Tara_M wrote: »

I would suggest applying to have the case heard at your local court and appearing in person. IME, claimants rarely turn up especially if it's many miles from their base.

Hardly any PPC claimant ever turns up, but in most cases a gun-for-hire lawyer (of one kind or another) rocks up instead.

Almost all cases we help with here are defended in the OP's local court - an entitlement most defendants have in small claims cases.