Court claim

KeithP

It might be helpful if you can show us your initial appeal to the parking company.

alcaw76

KeithP wrote: »

It might be helpful if you can show us your initial appeal to the parking company.

Shall I just post it all here?

Redx

@ post #41


in theory, no you dont , but that theory is probably foolish, because if it fails then you lose, so only a very brave person who is willing to lay everything on the line for a single point defence, and to take their lumps and pay up if it fails, would try it

even a skilled lawyer would probably put much more into a defence than one single point, especially as its likely that your PPC have failed POFA anyway on wording as well as timescales, so will be looking at the alternatives such as the law of agency , and that the keeper is more than likely to have been the driver, especially if they have not stated that they were NOT the driver

so if a judge says to you in court

SIR , were you the driver ? what do you reply ?

NO I WASNT THE DRIVER

YES I WAS THE DRIVER

I REFRAIN FROM ANSWERING ON THE GROUNDS THAT IT MAY OR WILL INCRIMINATE ME

the last two would probably make a judge decide by 51% to 49% (where have we heard that before in the last 2 or 3 years ? , lol) that you were the driver and so POFA does not apply

so if you were NOT the driver then you would categorically say so in your defence, right from the outset, no ifs , no buts , no law of probabilities

but if you were found to have lied, and committed perjury, then that is a much more serious offence, a criminal offence (not a civil issue like parking charges , think Chris and Vicky Huhne, or that MP that was a solicitor and was recently jailed for nominating a russian lodger for her speeding points)


yes , post all useful info below

KeithP

alcaw76 wrote: »

Shall I just post it all here?

Yes, but obliterating any personal information.

alcaw76

Redx wrote: »

so if a judge says to you in court

SIR , were you the driver ? what do you reply ?

How about just that we genuinely can't remember - it was almost two years ago and more than one person has access to the car.

Posting original appeal now....

alcaw76

Original appeal:

I am writing with regards to your speculative invoice referenced above. I am challenging this parking charge as the Registered Keeper on the following grounds:

1. The Notice to Keeper was received outside of the 14 day limit imposed under Schedule 4, Section 9 of the Protection of Freedoms Act 2012 which begins with the day after that on which the specified period of parking ended. According to your paperwork, the date of the incident was 12th June 2017 and your Notice to Keeper was issued on 27th June 2017 and not actually received until 30th June 2017. According to my calculations, the Notice to Keeper should have arrived no later than 26th June 2017. You have not therefore met the criteria necessary to hold the Registered Keeper liable for this charge.

2. Your charges are penal in nature and not a genuine pre-estimate of loss. Should you disagree, please provide a breakdown of liquidated costs. Of course, these cannot include staff wages, uniforms and general business expenses which would have been incurred anyway.

If you reject my appeal and believe that the keeper is indeed liable, please send the validation code to refer the matter to POPLA where I will also require disclosure of the terms of your contract that you claim to provide landowner rights.

Please also take this as formal notice that I reserve the right to sue your company and/or the landowner, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted pursuit of a driver using my car without causing any obstruction nor offence, has caused significant distress. Any further pursuit of me in connection with this charge will be deemed as harassment and action may be taken against you and your principal accordingly.

I do not give you consent to process further data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the Data Protection Act. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Redx

alcaw76 wrote: »

How about just that we genuinely can't remember - it was almost two years ago and more than one person has access to the car.
.

correct, and that is your best reply , as it could have been me , Beckham , your local garage mechanic, any one of tens of thousands of fully comp drivers in this country, not just the ones insured on the policy you have

so the claimant will then be minded to come at you from other angles in order to win the case, like law of agency , or some other legal case for example, or the judge doesnt understand POFA, who knows ?


think of it as like a football match , your side scores but its ruled offside , the opposition score but its ruled that a foul occurred outside the box , or its chicharito who handled the ball and scored despite it being an incorrect decision (maradonna , hand of god) - so its all down to penalties and misses at the end , like chelsea and city

hence a single point defence could flounder, so nobody here would advise you to do so, as it would be very foolish

Coupon-mad

Did you change the date on Google Street View to go back to the right time?

alcaw76

Coupon-mad wrote: »

Did you change the date on Google Street View to go back to the right time?

Yes. You can see wings in the car park but they are too small to make out. Will be attempting a recce in due course.

alcaw76

Sorry, 'wings' should have read 'signs'!