Defence v. TSP/Gladstones

TheDefender

With a Claim Issue Date of 20th February, you had until Monday 11th March to do the Acknowledgement of Service.

I am going to assume you did do the AoS within that timescale. Please confirm.

Yes, we did!

I'm not sure what else I can add to the defence above! Is there anything obvious missing?

Broadly, the car was parked on what looked like a public highway. No one noticed any signs (which have now been replaced in any case). We haven't had any evidence from the PPC nor solicitors. I get the point about asking the scammers to prove they have the right to pursue us but I'm not sure where else to go!

bargepole

TheDefender wrote: »

Is this a better defence? Is it good enough?

Absolutely perfect. No need to say any more.

When you get to the WS stage, further down the line, you need to include photos of the signage in situ, as evidence of their unsatisfactory nature.

TheDefender

Absolutely perfect. No need to say any more

Everything I know I got from you!

you need to include photos of the signage in situ, as evidence of their unsatisfactory nature.

I'm not going to be able to produce these because the signs have gone! TSP are no longer operating from the site.

Thanks again for your invaluable help!

KeithP

No-one said you have to get new pictures.

Search this forum. Search the internet. Can Google Street View help?

TheDefender

The Directions Questionnaire

Part D3

Is this the time to mention that you'd like someone to sit next to you in court to help you? (A Mckenzie Friend?)

Can the 'McKenzie friend' speak in court on my behalf?

KeithP

TheDefender wrote: »

Can the 'McKenzie friend' speak in court on my behalf?

No, for that you need a Lay Representative.

No prior notice need be given for either a Lay Rep or McKenzie Friend.

Just turn up on the day and tell the usher your plans.

Coupon-mad

A family member or friend can be your lay rep.

Fruitcake

If you are going to act as a lay rep, make sure you have the correct documentation to show the judge on the day that you have a right of audience and can speak on behalf of the defendant.
The defendant must also attend and must answer any questions asked of them.

Expand and print off these rights, especially point 3,

https://www.legislation.gov.uk/uksi/1999/1225/contents/made

or just print the pdf version.

https://www.legislation.gov.uk/uksi/1999/1225/pdfs/uksi_19991225_en.pdf

TheDefender

The Notice to Keeper arrived months after the date that a PCN was placed on the windscreen of the car. PCN date 19 Feb, NtK was 14 August.

There doesn't appear to be any reference to POFA in the Gladstones Claim nor WS so;
1. Can I assume that they can't/won't rely on it in court?
2. Without relying on POFA, am I right that they can't claim from the driver but merely from the Keeper and if the Keeper doesn't volunteer the information about the driver they can't know who was the driver?

(In their WS Gladstones refer to the keeper as if she was the driver by misquoting our defence "The Defendant's assertion that she was parked etc" when the defence actually said that the car was parked, not that she had parked it).

Our main defence is that the unilluminated signs were illegible. We can show that their 'map' of signs is a lie. They indicate there were signs where there were none. They have produced only one photo of a sign and that sign doesn't comply with IPC guidelines - it's unlit at 1am.

KeithP

TheDefender wrote: »

2. Without relying on POFA, am I right that they can't claim from the driver but merely from the Keeper...

What??

Without relying on POFA they can only chase the driver.

And if they don't know who the driver was...