F1rst parking appeal Rejected

Le_Kirk

321p123 said: 

5. 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.

Maybe rewrite this paragraph in line with what @Johnersh (who is a lawyerly type) is writing here 18 October at 8:49PM and just leave out the "menu of choices"

321p123

Hey le kirk, thanks for helping out, do you mean re write the whole paragraph or just remove the 'menu or choices' wording?

Coupon-mad

Re-write it.

And do you really want to say this in #7?

"...since the signage makes it clear that parking is authorised for permit holders only,,."

321p123

Good point re 7, i will amend this thank you!! 

321p123

Back again everyone, I have made a few changes, noting the advice on numbers 5 and also 7, hoping its improved !

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

3. 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, and the date of the parking charge notice was an unremarkable day fifteen months ago.

4. 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 4 paragraphs 13 and 14 of The Protection of Freedoms Act (PoFA) 2012, where a notice to hirer must be issued with appropriate documents, including any discounts for prompt payment.
 
5. The particulars of the claim do not identify the driver, only assuming the defendant to be either the keeper or driver, 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 a barely readable terms and conditions sign is not a contract.

6.  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 Schedule 4, Paragraph 7(2) 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 Notice to registered keeper states a time of 10:54, which is not a period of time.

7.  No contract/forbidding signage. The PCN states the reason for issue as restricted area/not clearly displaying a valid permit, since the signage reads in barely visible small text 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.

8. 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 (which the vehicle in question can be seen in) and bus set down points, therefore any commercial loading cannot be performed without being penalised to the sum of one hundred pounds.

321p123

Just bumping this up ^^ as I think it got lost as v busy last night what do you guys think ? 

321p123

Any help is welcome everyone, I'm getting worried about this as I have to submit it by Tuesday 

Coupon-mad

I think we've seen it so often we didn't need to reply to final tweaks, you already know from us you are on the right path with it.

321p123

Thanks so much coupon ! Ile add it to the rest of the defence and re number ect.

321p123

Well, i am about to submit my defence, iv added it into the template, feel free to let me know if i should show the whole thing on here first, if not i will submit either tonight or tomorrow.
Thanks for all the help !!