Stupidly ignored parking charge notice- hearing today update

Redx

Then it could be a couple of weeks before you see their witness statement , but you should ensure that you comply with the court order , and on time , let the claimant worry about their responsibilities !!

If you are in any doubt as to what to do now , post redacted pictures of both sides of your court order

If you read some coupon mad posts , she recommends reading a witness statement by somebody called jrhys , or something similar

Umkomaas

If you read some coupon mad posts , she recommends reading a witness statement by somebody called jrhys , or something similar

Yep, @jrhys (<< click the name here) is the latest WS recommended to follow. 

Cbay27

Thanks both I am looking at that one now and slowly trying to make sense of things.

One thing I still don't understand is how double recovery/ abuse of process breaches POFA, and also why I include POFA schedule 4 as evidence if I am defending as keeper not driver. As far as I can see the claimant has complied with POFA so I am unsure how this helps my case. Can someone put this in plain english for me please

Cbay27

Also jrhys' witness statement doesn't make reference to Britannia v Crosby, should I be including this aswell

Umkomaas

Cbay27 said:

Also jrhys' witness statement doesn't make reference to Britannia v Crosby, should I be including this aswell

Nope - Excel v Wilkinson. 

Redx

And recorder Cohen too

Le_Kirk

Cbay27 said:

One thing I still don't understand is how double recovery/ abuse of process breaches POFA ........

If you read POFA, you will find: -

Right to claim unpaid parking charges from keeper of vehicle
4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
(2)The right under this paragraph applies only if—
(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and
(b)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
(3)For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.
(4)The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.
(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

LINK>>>> https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Cbay27

Ah I see Thankyou 👍 

Cbay27

Still pluggin away it......

Just wondering, can I use this in my WS...

'The Beavis case is against this claim

10. This situation can be fully distinguished from ParkingEye Ltd v Beavis [2015]

UKSC67, where the Supreme Court found that whilst the £85 was not (and was not pleaded

as) a sum in the nature of damages or loss, ParkingEye had a 'legitimate interest' in enforcing

the charge where motorists overstay, in order to deter motorists from occupying spaces

beyond the time paid for and thus ensure further income for the landowner, by allowing other

motorists to occupy the space. The Court concluded that the £85.00 charge was not out of

proportion to the legitimate interest (in that case, based upon the facts and clear signs) and

therefore the clause was not a penalty clause.'

Seeing as I hadn't paid for the parking when I thought I had?

Also can anyone claim the £95 fixed witness costs

Le_Kirk

I thought that was used in the standard defence!