Parking Fine - Wise Campus - Bristol

Umkomaas

I think all newbies only have the new skin available to them on which the ‘New Thread’ button is red in colour.

Gridiron_Grump

Had a busy couple of weeks. I think the below answers the questions about POFA compliance.

Keeper Liability and POFA 2012 explained

2. For ANPR tickets
The following are the Conditions that must all be met for Keeper Liability to Apply:

1. The ticket was issued to a car in a car park in England or Wales (note that keeper liability does not apply in Scotland or Northern Ireland in any circumstances). - Yes

2. The car park was on “relevant land”. Relevant land is defined as private land and specifically excludes the following land: - I Believe So.
(a) a public highway
(b) a parking place which is provided or controlled by a traffic authority
(c ) any other land where parking of a vehicle is subject to statutory control (such as airports and railway stations which are covered by byelaws).

3. There is some alleged liablity of the driver to the Operator in respect to unpaid parking charges. - Yes

4. The vehicle was not stolen on the date of the parking event – Not Stolen

5. The maximum sum that may be recovered from the keeper under keeper liablity is the amount specified on the notice to keeper – first letter says £100, second letter says that it will increase to £149

6. The creditor does not know both the name and current address of the driver. – I believe it insinuates that I am the driver, but later in the letter species that I am the ‘Keeper’

7. A notice to keeper must be served not later than 14 days after the vehicle was parked – Parking date was 17th, letter issued date was 29th

8. A notice to keeper has been given that contains the following mandatory information:
- Which car the ticket relates to - yes
- What land the car was parked on – yes
- The period the car was parked - yes
- Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full - Yes
- State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when – Yes
- Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements - Yes
- Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver - Yes
- Identify the “creditor” who is legally entitled to recover the parking charge - Yes
- Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper. - Yes
- Details of the discount for payment within 14 days, - Yes
- Date of the notice - Yes

Coupon-mad

7. A notice to keeper must be served not later than 14 days after the vehicle was parked – Parking date was 17th, letter issued date was 29th.

Served means received. Not posted.

So, 29th was what day of the week (what exact date and year please)?

Gridiron_Grump

I know I have only just posted the above, but I wanted to keep the continuity of events. So on Friday I had a voicemail from GS informing me a of an email that they had sent. I hadn't seen it as it went into my junk mail, but when I did look back through I did find the said letter, copied below with my reply to them. Would be keen to hear your thoughts, but they seem keen to halt proceedings. They ask about covering 'own' costs, but I don't think I have paid any money out, nor do I think I owe money to the court, so my costs would be in time over the past 15-18 months and travel back and forth to Wise to ask questions and to scope signage.

Also, I know that they wanted a response within 7 days from their email, but their voicemail last Friday indicates that this isn't a hard date. Plus I am not 100% sure why they chose to email instead of sending a letter, as all other initial correspondence has come by post. I can only think they were hoping for a quicker response if they emailed, give the court date i have noted below.

The only other thing to note, which was on the court papers and I and not sure whether the have completed, is the 'other directions' on the paper "1. Claimant shall by 4pm 17th October 2019 file and serve a Reply to the Defence."

Email below:

From: Georgia at Gladstones Solicitors <Georgia@gladstonessolicitors.co.uk>
Sent: 15 October 2019 08:35
To: MYEMAIL@MYEMAIL.com
Subject: “all the reference info”

Without Prejudice Save As To Costs

Dear Mr “GG”,

We act for the Claimant.

Our Client has instructed us to contact you in relation to the above matter.

Our Client has agreed to cease proceedings with both parties walking away from the Claim and bearing their own costs.

This decision has been made for purely commercial reasons, in an attempt to save time and costs for both parties.

Please confirm if you wish to agree to the above by contacting georgia@gladstonessolicitors.co.uk and the relevant documentation will be served upon you and filed with the Court.

We kindly request that a response is provided within 7 days of the date of this email, confirming your intentions.

Kind Regards,
Georgia
Litigation Assistant
Gladstones Solicitors Limited

---Response----

Good Afternoon Georgia

Unfortunately this email went into my 'Junk' folder, and was only brought to my attention today when I returned a voicemail, in which your colleague has given me a brief update. I would like to confirm that I have received your email today, 25th October. I will need to discuss with my own council and potentially the Court, and I will also need to understand what costs I have currently incurred to date, prior to making a decision on how I wish to proceed.

Dependent on my council, you may receive a response from myself, or directly from the Court.

Regards
GG.

Coupon-mad

Your COUNCIL? Local Authority?

Gridiron_Grump

Served means received. Not posted.

So, 29th was what day of the week (what exact date and year please)?

17th June 2018 - 1757 (Sunday)
29th June 2018 (Friday)
Can't remember what day it actually came through the post, sorry.

Gridiron_Grump

Your COUNCIL? Local Authority?

"Council", I wanted to say i needed to speak with people (i.e. the forum), without saying that I needed to consult the MSE Forums. "Local Authority", meaning I would speak to the court. I wanted to acknowledge to state I would feedback in some form or another.

Coupon-mad

Advisers then? You meant you wanted to seek 'counsel'.

17th June 2018 - 1757 (Sunday)
29th June 2018 (Friday)

Deemed delivered a day too late for keeper liability. Simple as that.

Gridiron_Grump

Sorry, poor grammar / wrong choice of wording.

Is that the reason they're "giving in", so to speak, after all this time? So is that it, done? I just need to confirm to GS? I don't believe I have any costs (as mentioned above) so there would be no benefit in pushing back on this? should I also contact the court?

Coupon-mad

Not sure why they are giving up but they are, and you have won!

ANOTHER ONE BITES THE DUST!


:T

They sometimes do that email when someone has incurred costs like a set aside fee already and they want to avoid being lumbered with that when they lose. But if you have incurred no court fees, I would accept that offer and ask them to confirm that they have issued a Notice of Discontinuance to the court!