BW Legal Defence

Umkomaas

The critical PoFA dates are the date of the parking event (04/09/20) and the date of issue of the NtK (11/09/20). The 'if after 29 days ...... ' is part of the requisite PoFA warning (para 9(2)(f)), nothing directly related to the above dates  

I'm afraid the NtK is PoFA compliant. 

KeithP

Small change...

The Defendant has since spoken with the Driver and has explained that they were unaware of the terms and conditions for parking in the car park due to the lack of clear signage.

Change the first occurrence of the word and to who to make things clearer.

Cloudy23

Evening guys, I went a visited the car park today to gather some evidence and to see if I could add anything to my defence. I found that there are two different sets of pay and display machines on the same car park. One set run by the council and the other run by the PPC. There isn't much to indicate to the driver which spaces are operated by which. Would this be something to put into the defence, as the signage is confusing and therefore a contract with the PPC and the driver cannot be assumed to be made?

I've included the photos of what I saw. I'm also not sure if there is any valid criticism of the PPC's signage (in 

Photo 1 - Council machine and signage on the left, PPC signage on the right


Photo 2 - both sets of machines are visible 


Photo 3 - PPC signage


Photo 4 - Council Signage



Appreciate any help, thanks.

Coupon-mad

Yes, you should certainly add a paragraph about the two conflicting sets of signage and that it is unclear which bays are which.

You could add that the driver appears to have paid in good faith at the Bexley Council machine.  Therefore this Claimant is put to strict proof as to which bay the car was parked in because any breach, and any contract with this Claimant, is denied.


(as it is ANPR, the C won’t be able to show the Judge which bay the car parked in and your account if confusing mixed enforcement, should therefore prevail).

Cloudy23

Thank you all for your guidance. I've prepared a (hopefully) final draft for my defence. Please let me know if you have comments:

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant denies being the driver of the vehicle at the time of the alleged breach.

3. The Defendant was notified of the Parking Charge on the 11th September 2020 via a letter through the post. The Defendant has felt harassed with a series of ‘debt recovery’ letters and phone messages left by the Claimant’s representative.

4. At the time of the alleged breach the Defendant was working from home and did not have access to the vehicle as it was in use by the Driver. The Defendant has since spoken with the Driver who has explained that they had parked the vehicle in a marked parking bay to use the public tennis courts at Sidcup Place, which are operated by Bexley Council.

5. The Defendant has visited the car park after the alleged breach and found that within the car park, there are two conflicting sets of signage, Bexley Council signage and The Claimant’s. It is unclear which of the parking bays are enforced by which signs. The Driver appears to have paid in good faith at the Bexley Council machine. Therefore the Claimant is put to strict proof as to which bay the car was parked in because any breach, and any contract with the Claimant, is denied.

I'm looking at submitting this tomorrow as I'm away over the weekend and obviously don't want to miss Monday's deadline.

Coupon-mad

Looks fine to sign, date and email.  

When you et back after the weekend, please return here regularly as we need people like you this Summer.


CALL TO ACTION TO ALL READERS OF THIS THREAD! 

What we want you and everyone to do, is come back here (please) every week over the Summer and check for when the Government’s final Consultation gets released.  It will come out 'this Summer', so very soon, but only for 4 weeks.

As said on every thread right now, we NEED people like you to have your say about Government policy re the level of parking charges to be applied next year onwards.

YOU CAN HELP TO MAKE SURE THAT, FROM NEXT YEAR, NO-ONE IN YOUR CIRCUMSTANCES GETS A £100 PCN AGAIN!

NB TO NEW READERS:
The new policy will become LAW and will also apply in Scotland - so this is a call to action to ALL posters and lurkers!

Cloudy23

Thanks for all your help. I've filed my defence and I'll keep my eye on the forum 

Redx

Keep another eye on your MCOL claim history too , and both on your letterbox

Cloudy23

Thanks, I will do. I'm surprised I didn't receive an automated reply from CCBCAQ@justice.gov.uk but it is in my sent box. I'll keep checking MCOL and give CCBC a call if it hasn't been updated by the end of the week.

Cloudy23

Evening all,

I've finally received my Notice of Trial Date which is for the 14th September. The case is being handled by Bromley County Court but the trial will be held at the Central London County Court. The letter states to file all documents for the Hearing to Bromley County Court though.

https://drive.google.com/file/d/1ACHeA2hlYPV8862Fa4NIiqrpxEMxY6WN/view?usp=sharing

I have prepared my Witness Statement and collated my exhibits (via the link above) and would appreciate any advice. I will pick up any amendments and submit before the deadline of the 31st August. The county court has an Email address to file documents so I will go for that route.