Court Parking Fine Advise

nosferatu1001

Wait - you've already sent your defence?
what precisely did you send?

KittyPat

Thanks I'll send the SAR to the DPO, can you point to me a template I can use?

KeithP

KittyPat said:

Thanks I'll send the SAR to the DPO, can you point to me a template I can use?

Certainly can.

Look at the second post of the NEWBIES thread.

Coupon-mad

nosferatu1001 said:

Wait - you've already sent your defence?
what precisely did you send?

Please show us what you put in #2 and #3 of the template, @KittyPat, and tell us what the contravention was. Why was the ticket issued?

KittyPat

Coupon-mad said:

nosferatu1001 said:

Wait - you've already sent your defence?
what precisely did you send?

Please show us what you put in #2 and #3 of the template, @KittyPat, and tell us what the contravention was. Why was the ticket issued?

This is what I put as no. 2 and 3 in my defence letter, could this have been worded better?
------

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but

liability is denied.

3. The Defendant has, to their knowledge, never been at this location, and to their recollection

the vehicle has also never been located there. The vehicle was parked at -------, a road

just opposite ------- NHS Trust where the Defendant works full-time as an NHS

clinical pharmacist on both the dates in question, 19 miles away from the location of the alleged

incident. No one else had access to the vehicle that day. The claimant is put to strict proof that the

Defendant's vehicle with reg --------  was at the location on the material date. The Defendant first

heard about this parking charge weeks later after the alleged incident. The Defendant felt harassed

by the bombardment of ‘debt recovery’ letters. The Defendant cannot be held liable due to the

Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms

Act 2012, Schedule 4.

------

The contravention was that I parked in a petrol garage on two occasions but I didn't.

I will send the SARS now to the DPO to get it back in time for my witness statement.

I hope my defence letter statement above was ok?

Thank you to everyone here who has helped me

Coupon-mad

Interesting, and that's fine!

KittyPat

I got the pictures from the SAR and yes it is my car. I parked there without knowing the restrictions

I ignored the parking fine letters hoping they'd stop and I must of missed the letter before claim letter
As I've already sent my defence is it too late to send another one with the reasons I could not read the sign/was not aware?

KeithP

KittyPat said:

I got the pictures from the SAR and yes it is my car. I parked there without knowing the restrictions

I ignored the parking fine letters hoping they'd stop and I must of missed the letter before claim letter
As I've already sent my defence is it too late to send another one with the reasons I could not read the sign/was not aware?

Sending a replacement Defence costs nothing.

However you need to seek permission of the Court to do so and that costs £100.
Also note that permission may be refused and you have then spent £100 on nothing.

So the message is - live with the Defence you have already filed and try to squeeze in 'enhancements' at Witness Statement time.

Coupon-mad

Yep, no worries, how could you have known until now? 

Just start your WS in due course (in 2021 when your local court gives directions for your hearing) by explaining that the first time the C sent you any photo evidence to show it was your car, was as a reply to your SAR after you'd filed your defence in December 2020.  As such, you wish to correct a misunderstanding in your defence and (blah blah...).

KittyPat

Coupon-mad said:

Yep, no worries, how could you have known until now? 

Just start your WS in due course (in 2021 when your local court gives directions for your hearing) by explaining that the first time the C sent you any photo evidence to show it was your car, was as a reply to your SAR after you'd filed your defence in December 2020.  As such, you wish to correct a misunderstanding in your defence and (blah blah...).

Thank you for this, I will definitely add this in my WS once I'm instructed to do so.
I seemed to have parked in the petrol garage on 2 occasions thinking I had 1hr to park there if I bought something, apparently you are not allowed to leave the grounds/premises with your vehicle left unattended for any length of time (even if you buy something).

If I mention the above in my WS along with your suggestions (i.e first time I saw photo evidence was in reply to my SAR in Dec 2020) - would be this a strong enough statement?

Thanks for everyones help