*Updated* SUCCESS against BW Legal/UK Parking Patrol Office Ltd

Rosa_Klebb

Three years ago I received a PCN from UK Parking Patrol Office Ltd (UKPPOL). The vehicle was parked in a visitor space at the apartment complex where I lived. It was registered to me, but in use by a close family member. Allegedly my vehicle contravened the following sign by slightly overstaying the 24hr period:

I appealed the ticket as keeper at the time, denying liability.  After much further correspondence I now have a Claim Form from the County Court.

I will acknowledge service later this week and as UKPPOL have added a £60 recovery cost to their claim I will use the standard response template from here.  I won’t post the whole thing for now as I am sure you are all familiar with most of it but have written my defense (parts 2 on-wards) in the post below.  I would be grateful if anyone could review before I send it off. 

In particular I can't see anywhere in their correspondence where UKPPOL have mentioned the Beavis case.  Is this part in the standard template therefore relevant?

Also if this goes further, would I be required by the court to produce a witness statement from the driver, or identify the driver in any way?  Or can I simply refuse to identify the driver and defend as Keeper? 

Should I provide photographic evidence to back up my claims regarding the lack of signage on site now with this defense or at a later stage?  The claimant has sent photographs of the signage they claim was present at the site, yet later photographs of my car in the visitors space show that the signage was not actually present at the time of the ticket.  The claimants own photos they sent me disprove their case!  I can also back this up with my own photographs and video.

Rosa_Klebb

The facts known to the defendant:

2. It is admitted that the Defendant was the registered keeper of vehicle XXX at the time but liability is denied.

3. The Defendant cannot be held liable as ‘Keeper’ due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

4. The vehicle was in use by a relative who, when visiting the Defendant, made appropriate use of the visitors parking space in the residential car park where the Defendant lives.

5. In the residential Leasehold Contract between XXX and the Defendant it states the following:

“The rights for the Lessee’s visitors to park one roadworthy private motor car on a Visitor’s Parking Space for short term parking on a first come first served temporary basis and subject to any regulations made by the Management Company”

The Contract does not state that ‘short term’ means a period of only 24 hours, nor has this been communicated to the Defendant at any point by the Management Company.

6. The Claimant is a member of the International Parking Community (IPC) and is signed up to their Accredited Operator Scheme.  The Claimant is therefore duly required to adhere to the operational requirements as stipulated in the IPC’s Code of Practice.  In relation to car park signage, the IPC Code of Practice states that:

 a) The signage within the site must be obvious to the motorist.

 b) Placed in such a position (or positions) such that a driver of a vehicle is able to see them clearly upon entering the site or parking a vehicle within the site.

 c) You are required to provide a sufficient number of signs on each site commensurate with its size and other characteristics to ensure that any parking conditions are adequately brought to the attention of the motorist.

The Defendant can demonstrate that the signage in the car park at the time on which the Claimant relies does not comply with the requirements stipulated in the IPC Code of Practice as follows:

a) There was insufficient visible signage in the car park for any contract to be formed or implied.

b) There was no visible signage in the area of the car park where vehicle XXX was parked.  The nearest sign to vehicle XXX at the time the Parking Charge Notice was issued was at a distance of 34 metres, and facing in the opposite direction from the visitors parking space, so as not to be visible from vehicle XXX when parked, or attempting to park.

c) The number of contractual warning signs as marked on the plan of the site supplied by the Claimant, and shown in photographs supplied by the Claimant was not correct at the time the Parking Charge Notice was issued.  There were actually far fewer signs on-site than the Claimant has stated.  There was a small amount of signage present along the access road to the visitors parking space, but this signage was mounted at too great a height, with the text far too small to be wholly readable from any car entering the site.

7. The photograph supplied by the Claimant of vehicle XXX in the visitor’s space confirms that the Claimants signage was not present as the Claimant has attempted to state.  The Claimants photographs contradict each other in this respect, so I am unsure why the Claimant continues to pursue this Parking Charge Notice, despite seemingly being aware that no signage was present.

The defendant would be happy to provide clear photographic and video evidence to prove beyond doubt the above points (a-c), and item 7. should this be required by the court.

KeithP

What is the Issue Date on your County Court Claim Form?

Rosa_Klebb

KeithP said:

What is the Issue Date on your County Court Claim Form?

4 days ago.

KeithP

Please state the Issue Date on your County Court Claim Form.

Rosa_Klebb

It's the 25th?  Does this matter?

Le_Kirk

Yes, if you give the exact date, then @KeithP will give you some deadlines for submitting your AoS and your defence.

KeithP

With a Claim Issue Date of 25th March, you have until Tuesday 13th April to file an Acknowledgment of Service. If possible, do not file an AoS before 31st March, 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 27th April 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.

Rosa_Klebb

KeithP said:

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.

Thanks and yes have looked through all of that.  The text in my second post was my defense, to be added in sections 2 on-wards in the standard template from here.  I would be very grateful for any feedback, or if I have gone about this in totally the wrong way, pointing in the right direction so that I can have another go.

Redx

Alter 2 to state keeper but not the driver , if you were not not the driver !! There is no legal requirement to name the driver , but POFA only protects a keeper who was not the driver , it does not assist a Driver at all. so if you were not the driver , say so !

I do not understand why you mentioned the lack of Beavis , Beavis had nothing to do with residential parking

Leases , landowner authority , signage etc all play a part in residential disputes

Rosa_Klebb

Redx said:

Alter 2 to state keeper but not the driver , if you were not not the driver !! There is no legal requirement to name the driver , but POFA only protects a keeper who was not the driver , it does not assist a Driver at all. so if you were not the driver , say so !

I do not understand why you mentioned the lack of Beavis , Beavis had nothing to do with residential parking

Leases , landowner authority , signage etc all play a part in residential disputes

Sorry Beavis is mentioned several times in the draft template defense on here, hence why I asked.  Is the draft defense as advised to be used on here not applicable for residential car park tickets?