F1rst parking appeal Rejected

321p123

Fruitcake said:

321p123 said:

Fruitcake said:

I don't believe you have confirmed whether the registered keeper transferred liability to the hirer/lessee, and that you are now being pursued as hirer/lessee. I hope this is the case, but only you know the facts.

Yes they were informed by email by keeper and are now chasing the hirer/lessee, me.

In that case you need to read and understand paragraphs 13 and 14 of the PoFA 2012, so you can explain how you as hirer/lessee cannot be held liable.

Cheers!!! Will do! 
Well still no acknowledgement from dcbl legal on the 30 day hold, I guess they aren't going to comply then...

KeithP

321p123 said:

Well still no acknowledgement from dcbl legal on the 30 day hold, I guess they aren't going to comply then...

They don't have to acknowledge that.

Umkomaas

If you don't hear from them by day 29, I guess you can be sure they're probably giving you your 30 day holding period. 

Why did you want a 30 day hold?

321p123

Quick update So, my county court claim form has just arrived in the post this morning.

Le_Kirk

Date of issue?  You know not to submit the AoS for five days as per instructions in NEWBIE sticky.

321p123

Cheers le kirk, so 23 sep 2021 is issue date, yeah I won't submit till 5 days !!

KeithP

321p123 said:

...23 sep 2021 is issue date, yeah I won't submit till 5 days !!

With a Claim Issue Date of 23rd September, you have until Tuesday 12th October to file an Acknowledgment of Service. Do not file an AoS before 28th September, but otherwise there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Tuesday 26th October 2021 to file your Defence.
That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

321p123

AOS submitted online just now, so will look into preparing my defence now, thanks so much guys !!

321p123

Sorry for the late reply have been away, so I was named as hirer/ lessee of the vehicle after company emailed popla, but that appeal was rejected.
After which I received no notice to hirer offering discount etc, just bailiff letters. 
This means they have not complied with pofa 2012 right?

321p123

Hi guys,
I have completed my first attempt at my defence and am preparing to be torn to bits, Im absolutely useless at this sort of stuff, Any comments and advice is much appreciated, please see below thanks.

2.       It is admitted that the Defendant was the hirer/lessee of the vehicle in question but liability is denied. 

3.I.  The claimant has not identified the driver.
The vehicle in question is a company vehicle which could be driven by at least six other employees as well as the defendant at the time the parking charge notice was issued.
Company vehicles are pool vehicles, the defendant could be driving a different vehicle day to day depending on circumstances.

3 II. The claimant was given a signed statement from the vehicle owner company XXXX ,at popla appeal stage naming the defendant as the hirer/lessee.
The claimant has not complied with the strict terms of schedule 13 and 14 of The protection of freedoms act 2012, where a notice to hirer must be issued with appropriate documents, including any discounts for prompt payment.
 
3 III. The particulars of the claim do not identify the driver, only offering a menu of choices, as such the claim fails to comply with civil procedure rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

3 IV.   In issuing the PCN, the claimant has failed to comply with the Pofa 2012. Under the conditions that have to be met for the right to claim unpaid parking charges from the keeper of the vehicle (Paragraph 4), Paragraph 7(2)(f) states that the notice to the keeper must 'specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.' The claimant has failed to specify the period of parking. The PCN states a time of 10:54, which is not a period of time.

3 V. No contract/forbidding signage. The PCN clearly states that it was issued due to not clearly displaying a valid permit, since the signage makes it clear that parking is authorised for permit holders only and does not make any offer of obtaining a valid permit to the defendant there can be no contract considered to have been made because an offer & subsequent agreement are the very essence of a legal contract. No legally binding contract would mean a claim of trespass may be accurate – a claim that can only be made by the landowner.

The signage is also contradictory to the layout of the area controlled, forbidding any parking for vehicles without displaying a valid permit, but in the claimants photographs, and with help of google street view, also seemingly inviting use of clearly marked Loading bays and bus set down points.

Why have loading bays in place when loading cannot possibly take place without a valid permit to park/invoice being issued.