Observice Parking Consultancy - Defence Advice for Court Claim

D_P_Dance

Have you read this?

What does your friend's lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with hisa/her lawful right to “quiet enjoyment” of the property, possible an offence under The Landlord and Ten Acts.

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 has been known to get the charge cancelled.

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, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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/enacted

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

easytry16

Umkomaas said:

easytry16 said:

Umkomaas said:

Is it better to remove what I wrote in item 16?

The advice is almost never reveal the identity of the driver, especially if the NtK is non-compliant. If its non-compliant, they can't hold the keeper liable, only the driver. If they don't know who the driver was, they're stuffed. But it won't stop them pursuing, it will be for a Judge to finally determine. 

Thanks Umknomaas, So should I be changing both item 16 and 17? or just 16?

Just adjust anything that directly points to the identity of the driver. So use 'the driver did this, the driver did that', not 'the Defendant did this' or 'I did that'. 

Thanks Umkomaas, I have updated item 16 and 17 as follows:

16.      It is admitted that the driver parked the vehicle on the material dates, whilst visiting his friend’s residential property.

17.      It is denied that the Defendant or lawful users of the vehicle were in breach of any parking conditions or were not permitted to park in these circumstances and at this location, as his car displayed a valid parking permit and the bay it was parked in had no signs suggesting that vehicles are not permitted to be parked in that bay. As in the evidence the driver has obtained there are no signs displayed in the entire parking area of that property which warns drivers to not park in the bay the driver had parked.  This appears to be just the sort of predatory ticketing practice the UK Government has pledged to end.

Do you think any other changes required?

easytry16

Thanks D_P_Dance, I haven't checked this but surely I will check it and may be can add at the witness statement stage? I will definitely be sending a complain to my MP regarding this scam. Looks like they want to just make money by sending these notices and I presume the amount of time required to deal with this outweighs the penalty to pay and most of them just simply end up paying.

Umkomaas

It is denied that the Defendant or lawful users of the vehicle were in breach of any parking conditions or were not permitted to park in these circumstances and at this location, as his car displayed a valid parking permit and the bay it was parked in had no signs suggesting that vehicles are not permitted to be parked in that bay. 

Break this up and amend as follows:

It is denied that the Defendant or lawful users of the vehicle were in breach of any parking conditions or were not permitted to park in these circumstances and at this location.  A valid parking permit was displayed in the vehicle; the bay in which it was parked had no signs warning that vehicles were not permitted to be parked therein. 

As in the evidence the driver registered keeper has obtained there are no signs displayed in the entire parking area of that property which warns drivers to not park in the bay the driver had parked.  This appears to be just the sort of predatory ticketing practice the UK Government has pledged to end.

It's the RK who has returned to the 'scene of the crime' to check out what the parking charge is all about. Not the driver'. 

easytry16

Umkomaas said:

It is denied that the Defendant or lawful users of the vehicle were in breach of any parking conditions or were not permitted to park in these circumstances and at this location, as his car displayed a valid parking permit and the bay it was parked in had no signs suggesting that vehicles are not permitted to be parked in that bay. 

Break this up and amend as follows:

It is denied that the Defendant or lawful users of the vehicle were in breach of any parking conditions or were not permitted to park in these circumstances and at this location.  A valid parking permit was displayed in the vehicle; the bay in which it was parked had no signs warning that vehicles were not permitted to be parked therein. 

As in the evidence the driver registered keeper has obtained there are no signs displayed in the entire parking area of that property which warns drivers to not park in the bay the driver had parked.  This appears to be just the sort of predatory ticketing practice the UK Government has pledged to end.

It's the RK who has returned to the 'scene of the crime' to check out what the parking charge is all about. Not the driver'. 

Thanks Umkomaas for your help, its much appreciated.I will update and send the defence today. Do I have to print and sign the defence sheet or do you think electronic pdf signature can suffice and is acceptable?

nosferatu1001

Take a photo of your signature on white paper, then insertr that into the Word defence, then convert to PDF. 

Umkomaas

easytry16 said:

Umkomaas said:

It is denied that the Defendant or lawful users of the vehicle were in breach of any parking conditions or were not permitted to park in these circumstances and at this location, as his car displayed a valid parking permit and the bay it was parked in had no signs suggesting that vehicles are not permitted to be parked in that bay. 

Break this up and amend as follows:

It is denied that the Defendant or lawful users of the vehicle were in breach of any parking conditions or were not permitted to park in these circumstances and at this location.  A valid parking permit was displayed in the vehicle; the bay in which it was parked had no signs warning that vehicles were not permitted to be parked therein. 

As in the evidence the driver registered keeper has obtained there are no signs displayed in the entire parking area of that property which warns drivers to not park in the bay the driver had parked.  This appears to be just the sort of predatory ticketing practice the UK Government has pledged to end.

It's the RK who has returned to the 'scene of the crime' to check out what the parking charge is all about. Not the driver'. 

Thanks Umkomaas for your help, its much appreciated.I will update and send the defence today. Do I have to print and sign the defence sheet or do you think electronic pdf signature can suffice and is acceptable?

Not sure what you mean?  If you mean using a fancy font that looks like handwriting, then it's 'No'. You can sign a blank piece of paper, scan it, crop it to size, save it as a .docx file, then copy and paste into any .docx document that needs an authentic signature. Thereafter convert the document to a .pdf file. 

Attach the .pdf document to an email and send to the CCBC. 

easytry16

Umkomaas said:

easytry16 said:

Umkomaas said:

It is denied that the Defendant or lawful users of the vehicle were in breach of any parking conditions or were not permitted to park in these circumstances and at this location, as his car displayed a valid parking permit and the bay it was parked in had no signs suggesting that vehicles are not permitted to be parked in that bay. 

Break this up and amend as follows:

It is denied that the Defendant or lawful users of the vehicle were in breach of any parking conditions or were not permitted to park in these circumstances and at this location.  A valid parking permit was displayed in the vehicle; the bay in which it was parked had no signs warning that vehicles were not permitted to be parked therein. 

As in the evidence the driver registered keeper has obtained there are no signs displayed in the entire parking area of that property which warns drivers to not park in the bay the driver had parked.  This appears to be just the sort of predatory ticketing practice the UK Government has pledged to end.

It's the RK who has returned to the 'scene of the crime' to check out what the parking charge is all about. Not the driver'. 

Thanks Umkomaas for your help, its much appreciated.I will update and send the defence today. Do I have to print and sign the defence sheet or do you think electronic pdf signature can suffice and is acceptable?

Not sure what you mean?  If you mean using a fancy font that looks like handwriting, then it's 'No'. You can sign a blank piece of paper, scan it, crop it to size, save it as a .docx file, then copy and paste into any .docx document that needs an authentic signature. Thereafter convert the document to a .pdf file. 

Attach the .pdf document to an email and send to the CCBC. 

I the ones you can do online any pdf editor, but your's and nosferatu1001 method is simple.

easytry16

Thank you everyone for your help and advice, I will keep you guys posted on the progress.

nosferatu1001

Nope,  you need to carry on reading the NEWBIES thread second post, as you have many steps to complete before court. 
Missnig any of them can mean you lose, instantly. So you need to be prepared, be ACTIVE, and know what you have to do.