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Fine for entering wrong vehicle reg
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First draft of defence completed using the very helpful template by @Coupon-mad for where false admin costs are including in the claim.
The particulars of the claim can be viewed here: https://imgur.com/XFPtwAI
Only showing points #17 and #18 as the rest did not require editing (except for some minor bits):
Not exactly sure what else can be added here. Is it worth admitting that defendant is driver? Previous attempt to use POFA non-compliance at POPLA stage was weak so don’t want to re-use here.
Without the data from the payment machine, it is only reasonable to conclude that the alleged charge is either due to the equipment failing to record payment correctly or that there was a ‘simple keying error’ whilst entering the vehicle registration. With regards to the former, the Claimant is put to strict form to provide details of when the machine was last serviced by an independent company prior to [date of alleged contravention].
In the case of the latter, the BPA clearly obliges its members in section 17 of their Code of Practice to identify if a keying error has been made. The £1.30 payment made would in fact be very easy to identify if the Claimant had carried out the necessary checks as required in the BPA Code of Practice. The Claimant is to put to strict proof that these checks were made (showing full records from that day including a redacted VRN list of payments around the time in question) and to explain why a charge was issued when they would indisputably have identified the matching £1.30 payment. The Claimant would have been in no doubt that payment had been made if they had conducted the required checks. And the situation is fully within the Claimant’s control. As cameras are used to record number plates entering and leaving then they should be connected to the ticket machines. As a number-plate begins to be typed, a truly ‘connected’ system would find the ANPR image and simply require the driver to confirm that this is their vehicle, and the system would show the time of arrival (all details known to the system already).
More can be added regarding signage but not sure if it is worth including here as #19 in the template already addresses this. In this particular car park the signs have inconsistent terms & conditions.
I would admit to driving, and actually remove the template #17 entirely and split your long wording between a brand new #17 and #18:
18. In the case of the latter, the BPA clearly obliges its members in section 17 of their Code of Practice to identify if a keying error has been made. The £1.30 payment made would in fact be very easy to identify if the Claimant had carried out the necessary checks as required in the BPA Code of Practice. The Claimant is to put to strict proof that these checks were made (showing full records from that day including a redacted VRN list of payments around the time in question) and to explain why a charge was issued when they would indisputably have identified the matching £1.30 payment. The Claimant would have been in no doubt that payment had been made if they had conducted the required checks. And the situation is fully within the Claimant’s control. As cameras are used to record number plates entering and leaving then they should be connected to the ticket machines. As a number-plate begins to be typed, a truly ‘connected’ system would find the ANPR image and simply require the driver to confirm that this is their vehicle, and the system would show the time of arrival (all details known to the system already).
Add near the end before the statement of truth:
Whilst this unfair parking charge relates to a different location, the Claimant invites the court to take into account a judgment about the same Sussex-based Claimant, who are routinely losing claims in their court area (and not just losing them, but within a recent judgment - publicised in the Sunday Times and other newspapers - this Claimant was warned by Lewes Court that they may face a possible Civil Restraint Order if they bring any more cases that are similarly 'wholly without merit' to the courts). There are similarities with the One Parking Solution v Ms W case as handed down in April 2020 at Lewes County Court, where Deputy District Judge Harvey found the signs, the terms, and the entire operation to be working against the public interest and the landower authority was a 'sham'. The Defendant invites the court to find that this claim too, is entirely without merit.
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In my experience, OPS are dropping cases like hot potatoes in Sussex at least. I had 6 OPS telephone hearings coming up and they discontinued 5 and lost the one they tried in recent weeks with me acting as lay rep.
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Reassuring to hear OPS are dropping cases. If this one does get to a telephone hearing for this one would you be happy to act as a lay rep? Not sure how it would work but would be great to have your support.
Don't show me yet because I suspect they'll give up before your hearing.
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Just take a photo of your sig, on WHITE paper ,and insert it into the word defence document.
Then convert it all to PDF
Much smaller file results, and no wasted trees. Well, fewer.
Anything else I may have missed?
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Next step is to complete and return Form N180. Most of it seems straightforward but just wanted to clarify a few things:
1. D1 - hearing venue - should be Warwick right?
2. D3 - Witnesses - there are a couple of people giving witness statements but will not attend hearing. In this case, what number to put down? 1 or 3?
3. Can the form be emailed instead of posted?
FG