Set aside partially won- need some advice

smity85

Evening all,
a bit of a back story on mine. I found out at the end of January I had a CCJ in September from the usual place for a parking fine I knew nothing about. Anyway I drafted my set aside documents and submitted them and went to see the judge on Tuesday. Judge told me I need to submit my defence by 9/4/19 and he will set aside - documents served at old address. Any way the issue is that I have very limited information regarding the parking fine. I did get handed some document copies from the court which Gladstones had submitted. The fine was for an invalid permit / overstaying visitors times. Now on the picture I can see the permit clearly displayed in the windscreen and this is the only permit I ever had in the 6 years I lived at my former address, however I no longer have the permit but I know they never had an expiry date and still do not as I have taken a picture of the ones currently in use. Another thing I can see in the pictures is a parking ticket on the windscreen which I have never seen however my ex partner also used my car at times alongside friends and family on occasion, however I am sure they would have mentioned a ticket. From my SAR to the dvla this is the only request for the keepers details with none prior or none since which also makes it odd.

Now I have read over the past week the sticky's alongside various other posts but this seems to be a slightly unique case.

Any guidance will be greatly appreciated

Redx

paragraphs please , make it easy to read across ALL devices , thank you


name of PPC please


start with the concise defence by mEmber BARGEPOLE and add in a point or two about the facts of the case/contravention/why the DEFENDANT is not liable. And a point about no landowner authority as seen in other defences.

smity85

Also I am still waiting for a response from UK Cpm from the SAR submitted to them over a month ago

Redx

email their DPO asap with a chaser email, insisting on a prompt response asap

smity85

Company is UK CPM I have read this previously but I will do so again.
Unfortunately it will not let me edit the post at present to add more paragraphs.

Redx

smity85 wrote: »

The fine was for an invalid permit / overstaying visitors times. Now on the picture I can see the permit clearly displayed in the windscreen and this is the only permit I ever had in the 6 years I lived at my former address, however I no longer have the permit but I know they never had an expiry date and still do not as I have taken a picture of the ones currently in use.

Another thing I can see in the pictures is a parking ticket on the windscreen which I have never seen however my ex partner also used my car at times alongside friends and family on occasion, however I am sure they would have mentioned a ticket.

From my SAR to the dvla this is the only request for the keepers details with none prior or none since which also makes it odd.

possibly ghost ticketing , a well known sc@m by various PPC,s

http://parking-prankster.blogspot.com/2017/06/ukcps-were-banned-for-ghost-ticketing.html

use a laptop to edit post #1 , not a phone

nothing odd or unusual about only asking for keeper data once, that is all they are entitled to do under their KADOE contract, so had they done it again they would be in breach of that contract

smity85

I have just emailed a chaser from them

KeithP

smity85 wrote: »

Unfortunately it will not let me edit the post at present to add more paragraphs.

This is a common complaint from mobile telephone users.

Apparently the edit button is not as visible on that type of device.

smity85

Unfortunately the laptop is currently updating so may have to edit tomorrow.

It's the 1st time I have heard of ghost ticketing. However it does fit in well with the fact that with having a permit I would never have suspected anything!

As for asking for keeper data once, I am eluding to the fact that it must have been the 1 and only time a ticket was issued otherwise other request would exist, if that makes sense?

Redx

the PPC would have probably obtained keeper data between day 29 and day 56 following the event, or they can do so once until 6 months have elapsed

they certainly cannot do it more than the once or outside the timeframes , so nothing at all ODD about it

this allows them to send the NTK to the keeper , especially if they wish to follow POFA

so ghost ticketing is the most likely scenario , as the PP blog shows for a different IPC company , especially when you read that IPC warning

the fact that their photos show a permit in the windscreen aids your case, because they have to prove they have a valid case , so you can assert that a valid permit was shown at the time, it is for them to prove otherwise

smity85

Ok so as I thought I will base my primary defence on the fact that a permit was in fact visible.

Is it also worth adding around the fact that although I'm the registered keeper it does not mean that I was the Driver on the day in question?
I can provide statements from people who have used my car and I can hopefully obtain a copy from 2016 or my insurance certificate that states more than 1 named driver?