Questions about Schedule 4 of POFA

Umkomaas

You just need to argue that the car park is owned by a 'Traffic Authority', and therefore PoFA precludes a PPC from claiming a registered keeper is liable for the charge. Add your evidence as part of the WS. It will then be for the claimant to prove otherwise. Just lob the hot potato into their hands. Remember it is their case to prove, not yours to disprove. 

ihatetrump

Thanks very much for the advice @Umkomaas - appreciated.

The hot potato analogy is great - another post earlier today by @D_P_Dance alluded to potential PPC links to organised crime - if you ask me, THEY ARE organised crime - just not very organised!

They (both Napier and BWL) have caused me to waste so much time on research that wouldn't have been necessary if they had realised/acknowledged that their NTK is not PoFA compliant and their statement that they have the right to recover from the registered keeper is quite simply not true - they are liars, just like Donald Trump - I will complain to the DVLA also and hope that they slap the PPC (Napier) with a £750 fine - just need to find the right legal language and references to use in my complaint - also timing of the complaint - should I wait until after the Court Hearing or is it Ok to proceed beforehand?

 I would also like to slap BWL for the use of what appears to be 'stock photography' not from the site - haven't they been rebuked in other cases for this behaviour? SRA complaint also maybe?

Coupon-mad

BW Legal will say this evidence is from their client, so you can't make an SRA complaint on that basis.

Show us your planned WS once you've worked on it.  Certainly use GSV images as exhibits.

ihatetrump

Thank very much @Coupon-mad

Very Quick Question:

As one of my arguments  will be around the car park not being 'relevant land' and I will be referencing parts of Schedule 4 PoFA - should I be including the entire Schedule in my evidence bundle?  

Umkomaas

The Judge should have access to the whole of PoFA (most of it unrelated to parking). But if you wish, just include the relevant pages with the paragraphs you're referencing. 

Fruitcake

The judge should have access to Acts of parliament, so referencing Schedule 4 of the PoFA 2012 in general, then extracts of it as you see applicable will help.

With regards to signs, they require Advertising Consent in accordance with the Town and Country Planning (Control of Advertisements) Regulations 2007. Not having it is a criminal offence, but only the council can pursue it. You should still mention it, and Para 12 of the PoFA that refers to the requirement for the display of signs made by by statutory instrument.

12 (1)The fourth condition is that any applicable requirements prescribed under this paragraph were met at the beginning of the period of parking to which the unpaid parking charges relate.

(2) The appropriate national authority may by regulations made by statutory instrument prescribe requirements as to the display of notices on relevant land where parking charges may be incurred in respect of the parking of vehicles on the land.

I would suggest that the T & C Regulations are indeed a statutory instrument.

You might find this post useful with regards to councils not being permitted to use ANPR.

Private Parking Code of Practice - Public Consultation - Page 4 — MoneySavingExpert Forum

ihatetrump

Thanks for everyone's help and input so far.

I could really do with some opinion and guidance please with my WS which is at the following location:

https://www.dropbox.com/scl/fi/biox97ymsyfxcmiretg9f/MSE-WS.docx?dl=0&rlkey=xrq1koyb6ow92ei8pp9nl0vvy

I have a few questions/comments related to this and its' delivery:

1. Deadline for delivery is 4pm this Friday.
2. Hearing is the following Tuesday (yes - 2 working days after).
3. In delivering my WS, I plan to deliver electronically to the Court - can I or should I do the same to the Claimant? and is it best to deliver to the Claimant or their Legal Rep (BWL)? - especially given the short time between delivery and hearing.
4. I feel my WS is a little disjointed and need some guidance on pulling it together some more. Main focus is non-relevant land, but have I included too much else that is not necessary? or have I not included enough.
5. I struggled a little because I am only the Registered Keeper and so many of the WS's I see are with the driver in mind.

Really do appreciate the great work that this forum gives and to all the time given so freely by those with expertise and experience.

THANK YOU, THANK YOU!

D_P_Dance

BW Legal will say this evidence is from their client, so you can't make an SRA complaint on that basis.

Of course you can.  solicitors have a duty to ensure that their clients do not knowingly make bogus claims.  

Le_Kirk

You serve the WS on the claimant as identified in the original claim form and the address for documents should also be there.  If they have communicated with you by e-mail previously it is OK for you to do the same.

ihatetrump

@Le_Kirk - thanks. Address for serving is BWL and my only email correspondence was an advice to them that I was seeking debt advice (30 day hold) , filing and SAR on their client and I received an automated response of receipt back from them - enough for me to file this way I hope? Preference is email delivery late on a Friday afternoon as it gives them only limited time before the hearing - risk I guess is that their servers reject the file - it's a 12MB attachment - but for lawyers that should not be a problem. What do you think?