HX / Gladstones Hearing today!

Coupon-mad

Yes (but not the whole template please). 
Just show us your new #17 and #18 that you adapted to tell the story of your case.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up,

Just as the clampers were finally closed down, so hopefully will many DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

abz1000

D_P_Dance said:

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up,

Just as the clampers were finally closed down, so hopefully will many DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

surely its too late to complain to mp at this stage?

KeithP

surely its too late to complain to mp at this stage?

Certainly not.

How else do you propose we get this unregulated industry under control?

abz1000

Coupon-mad said:

Yes (but not the whole template please). 
Just show us your new #17 and #18 that you adapted to tell the story of your case.

To be honest this is my attempt of a defence. I still don't quite understand section 17. 

17. The Defendant is not the only driver of this vehicle and the Particulars of Claim offer little to shed light on the alleged breach, which relates to an unremarkable date some time ago.  It is not established thus far, whether there was a single parking event, or whether the vehicle was caught by predatory ticketing and/or by using unsynchronised timings and camera evidence to suggest a contravention.  A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

18. The Defendant explained that it was very dark and rainy on the night of the incident, the poor lack of lighting provided by the private parking lot did not clearly show where the signs or pay machine were. As you can see from the evidence provided standing a couple of metres away from the sign you cannot read anything it states not to mention there are no marked bays on the ground. From looking at the evidence of the pictures showing the location of the paying machine my question is why is the pay machine outside of the car park almost hidden around the corner? No signs or pay machine were seen from inside the car. The driver was dropping a passenger off at the station so they did not leave the car during the period they were waiting for the train to arrive. From the evidence provided you can clearly see the station walkways and information boards positioned implicate how anyone would mistake this private car park as the train station car park.

abz1000

KeithP said:

surely its too late to complain to mp at this stage?

Certainly not.

How else do you propose we get this unregulated industry under control?

In that case How do I go about contacting my local MP? Do you think email or a phone call would be better?
Also if you have time please check out my defence so far.

Le_Kirk

You need to change your # 18 so that it is written i the third person.  Also, it reads more like a witness statement than a defence point. If you are struggling, read some other examples where posters have used and adapted the new defence template.  Search the forum for them.
To find your MP, ask Auntie Google.

D_P_Dance

In that case How do I go about contacting my local MP? Do you think email or a phone call would be better?

You write or email them, never use a telephone in matters such as this.

Coupon-mad

17. The Defendant is not the only driver of this vehicle and the Particulars of Claim offer little to shed light on the alleged breach, which relates to a date some time ago.  However, given that this is a small car park next to a train station and the event appears to involve a matter of mere minutes, the Defendant believes that on the material date, the vehicle was being used to drop off a passenger, not for parking.  A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with paragraph of Schedule 4 of the POFA.  The law regarding 'keeper liability' relates only to 'periods of parking' (i.e. when a vehicle is parked and left for a period of time) and only where there is 'adequate notice' of the terms and parking charge on signs.  It is the Defendant's honest belief that this Claimant uses remote camera images of moving traffic to suggest a contravention occurred where none existed.  The Claimant is put to strict proof that a 'period of parking' occurred, because this is denied.    

18.    The location is something of a trap, particularly for people driving in briefly to pick up or set down a passenger, and it is believed this is what occurred that night.  There is nothing legible or lit that tells a driver that this is a managed 'car park' and the set up as viewed in the dark would certainly fail Lord Denning's 'red hand rule' and the Consumer Rights Act 2015 in terms of the legal requirement for clarity and prominence of terms.   The pay & display machine is hidden around a dark corner with no arrows pointing to it, there are no marked bays whatsoever and lighting at the location is very poor.   It is the Defendant's case that a driver this car was collecting or dropping a passenger off at what appeared to be open, unrestricted land beside the station and had no fair opportunity to learn of the onerous terms by which the registered keeper will later be bound.  No contract was agreed, there was no adequate notice of the parking charge and the requirements of the POFA were not met.

abz1000

Coupon-mad said:

17. The Defendant is not the only driver of this vehicle and the Particulars of Claim offer little to shed light on the alleged breach, which relates to a date some time ago.  However, given that this is a small car park next to a train station and the event appears to involve a matter of mere minutes, the Defendant believes that on the material date, the vehicle was being used to drop off a passenger, not for parking.  A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with paragraph of Schedule 4 of the POFA.  The law regarding 'keeper liability' relates only to 'periods of parking' (i.e. when a vehicle is parked and left for a period of time) and only where there is 'adequate notice' of the terms and parking charge on signs.  It is the Defendant's honest belief that this Claimant uses remote camera images of moving traffic to suggest a contravention occurred where none existed.  The Claimant is put to strict proof that a 'period of parking' occurred, because this is denied.    

18.    The location is something of a trap, particularly for people driving in briefly to pick up or set down a passenger, and it is believed this is what occurred that night.  There is nothing legible or lit that tells a driver that this is a managed 'car park' and the set up as viewed in the dark would certainly fail Lord Denning's 'red hand rule' and the Consumer Rights Act 2015 in terms of the legal requirement for clarity and prominence of terms.   The pay & display machine is hidden around a dark corner with no arrows pointing to it, there are no marked bays whatsoever and lighting at the location is very poor.   It is the Defendant's case that a driver this car was collecting or dropping a passenger off at what appeared to be open, unrestricted land beside the station and had no fair opportunity to learn of the onerous terms by which the registered keeper will later be bound.  No contract was agreed, there was no adequate notice of the parking charge and the requirements of the POFA were not met.

Thank you so much, couldn't have put the words any better.