Britannia Parking Small Claims Court

bunked

I don't have the NTK unless they send it to me as part of the SAR

Umkomaas

bunked wrote: »

@shakeitoff as I haven't received any of their demands/letters etc then I don't know if they have/havent complied with the PoFA

But you've only just said this ....

@umkomaas OK so having read the PoFA - they have followed the act correctly and I don't see how No Keeper Liability applies

Oh, and by the way, forget this .....

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken.

GPEOL was all but killed off in private parking matters by the ParkingEye v Beavis case at the Supreme Court in 2015.

Redx

bunked wrote: »

My address listed at DVLA was where the V5C was registered, but I wasn't living there so that's why I haven't seen/had any of their demands

the DVLA can "fine" you up to £1000 for not updating your address on your V5C, plus the same again if you fail to update your driving licence as well

the address on your V5C and driving licence is your "official" address and so the claimant is not responsible for you "not seeing the parking charge notices), nor would anyone else be liable like the police for you not seeing speeding notices etc or the council for other offences either for that matter

bunked wrote: »

I don't have the NTK unless they send it to me as part of the SAR

that is why you have done the SAR, to get the paperwork, because until you see it you cannot debunk it

bunked

OK I am a little lost - I have only received the claim form from the court with the particulars of claim... I haven't received anything else - no pcn, no demands etc.

bunked

I see - so i have to wait until the SAR comes through to be able to create a defence. Although as they have 1 month to do this, what happens if they don't send this before the AOS expires?

Redx

that is your problem, it may not arrive in time, so your defence has to cater for this eventuality and to allege these failures putting them to strict proof of the contrary

the fact is that you HAVE received this paperwork at the RK address and ignored them and/or binned them, not the same as NOT RECEIVING them

the SAR is sent to try to retrieve the situation that you yourself have created by binning the paperwork

until you see the paperwork, you cannot say if BRIT have complied with POFA or not


they should have sent you this paperwork under the pre action protocols, but havent, so another defence point is due to a lack of information and proof


all this just because you failed to change the V5C details when the vehicle was sold or when you moved address

bunked

Yeah but me failing to update the V5C is a different matter and not grounds to try and charge me a few hundred quid! As far as I can see as it was private land, with bays not clearly marked as to which spaces the parking conditions applied and they haven't actually incurred any "losses" to claim as it's free anyway! So surely if my case goes to court then they are going to be hard pushed to get more than the original £85 they are claiming?

ShakeItOff

The thing is, you have been told that Brit did not comply with POFA in 2015. So you can be on relatively safe ground knowing they didn't. They would not have made an exception for you.

And no, actually, POFA allows for them to claim up to the amount specified on the NTK (which you don't currently have). That is likely to be around £100 (the max advised as reasonable by BPA COP).

KeithP

bunked wrote: »

So surely if my case goes to court then they are going to be hard pushed to get more than the original £85 they are claiming?

Don't overlook the £25 court filing fee and £25 hearing fee.

Redx

plus , if the KEEPER is not liable due to failures under POFA2012, then who gives a flying ffff what the driver may or may not have done on the day in question

that is the starting point for your defence , but put more eloquently

£85 plus court fees are what are allowed , so we can assume that Barry Beavis paid something similar when he lost the first case