Help Please re Court Claim Defence.

marineyes

Help Please - Court Claim

I have just received a court claim for a parking charge notice that I as the keeper deemed unfair and appealed against but to no avail. The driver was parked on the side of a private road to a row of retail shops which had parking bays for which none were available at the time. The driver was parked there for no more than fifteen minutes whilst he/she popped into a shop for goods although part of this time he/she was parked waiting for an available parking spot. When the driver returned to the car, there was no parking attendent around and no pcn was put on the window screen. However within 7 days, I received in the post a NTK of PCN for "parking in non designated parking area". The signage for this was unclear and was not easily readable as the signs were approx A3 sized and placed 7ft high on a lamppost. There was also no prominent sign at the entrance to the road. I stated this in appeal and also that the parking bays were unclear as it was a mixture of blocked paving with no prominent marked lines. I also stated that the NTK was not to POFA 2012 as there were no ANPR cameras in use and no PCN had been issued to the driver or put on the car windscreen, therefore the NTK should not have been issued until 28 days had passed. The notice to keeper only had one photo shown, so I assume there is no evidence of how long the driver was parked there and it could have been taken when the driver was waiting in the car. Would it be reasonable to infer that waiting is not parking? Are all the points I have stated sufficient and relevant enough for a defence?

Any guidance/help would be greatly appreciated.

KeithP

marineyes wrote: »

Any guidance/help would be greatly appreciated.

Going forward, everything you need to know can be found in post #2 of the NEWBIES FAQ sticky thread.

Start by doing the Acknowledgement of Service and then prepare your Defence.

What is the Date of Issue on your Claim Form?

I think your '28 days' comment is wrong.
If there is no Notice to Driver, i.e. no windscreen ticket, then a Notice to Keeper must be received by the keeper within 15 days of the event if the PPC is to successfully transfer liability to the keeper.

marineyes

Thank you for the quick response. I have done the AOS. The date of issue for the court claim was 8-6-18. I wasn't sure about 28 days POFA, I thought I read this as being the case for requesting the details from the DVLA. I'll see if I can find this information again. Will start preparing the defence over the next couple of days, just not sure what to include as relevant information.

KeithP

marineyes wrote: »

I have done the AOS. The date of issue for the court claim was 8-6-18.

Then you have until 4pm on Wednesday 11 July 2018 to file your Defence.

marineyes

Following on from this, as the driver was not given a PCN or one was put on the car window, the keeper details were obtained from the DVLA within a day of the incident and a "postal notification of parking charge" was issued within a couple of days to the registerd keeper (not a NTK?). On the "postal notification of parking charge" only a location and time and date are specified for the incident but no time period. Is this acceptable? I have just read this information from parking cowboys.

The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. 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 period the car was parked

KeithP

The "postal notification of parking charge" sent to the keeper is a Notice to Keeper.

Coupon-mad

Would it be reasonable to infer that waiting is not parking?

No. Was this PCM, or Premier Park, or who?

The NTK (or postal PCN) will have a 'time' on it somewhere, they always do, and no it's not a good argument to say there is no period of parking.

marineyes

Yes this was PCM. There is a time on the postal PCN but no time period ie. from hh:mm:ss to hh:mm:ss. Surely if the driver had just stopped at the side of the road to wait for a car to manoeuvre out of a car parking space then this would not instigate a parking charge notice. If the parking attendant had just taken the one photo at that time then it could wrongly claim that the car was parked there. Where would be the proof be that the car had been parked there for a significant period of time?

Coupon-mad

I agree - but the argument for that, is to protest that this was predatory ticketing with no grace period, contrary to the IPC Code of Practice.

Not to start picking apart little phrases in the POFA and saying a 'time' isn't a 'period'.

Quentin

@Op

You look to be wanting to use Pofa arguments in your defence.

Yet elsewhere you have posted the details of who was driving

You need to edit your post to remove details of who was driving

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