Another Parking Fine @ Wise Campus Bristol

suckyfish

Thanks Fruitcake. Noted.

Fruitcake

I added a few more suggestions after you posted. Many of the regulars do this as they think of more things to add, so it's always worth going back over posts in case you have missed an edit.

suckyfish

Ok thank you! I wasn't driving on the day of the incident, I wasn't even in the car so I have no memory of the event whatsoever! Should I explain that?

KeithP

suckyfish said:

Ok thank you! I wasn't driving on the day of the incident, I wasn't even in the car so I have no memory of the event whatsoever! Should I explain that?

It would be prudent for you to find out as much as you can about this alleged incident.

Surely since receiving the Claim you have spoken to the driver to understand what actually happened?

It would be a good idea for you to visit the site of the parking event to at least see and take photographs of the signs.

You are going to need to defend yourself and saying "I know nothing about it Yer Honour" may not be good enough.

suckyfish

Hey guys,

Following your advice I went up to take some photos at the site. There are a number of signs on the campus but they are small with a lot of barely legible small print. I also got the SAR request back, the date of the alleged offence was the 13th and the PCN was issued on the 23rd. There's a whole paragraph about 'Transfer Of Liability' am I right in thinking this means that the keeper liability angle is a no-go for me?

As it stands my defence reads as follows,

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but not the driver. Liability is denied. 

3. On the date of the alleged offence the driver was attending Wise Campus to utilise their sports facilities. The driver saw no signs at the entrance to the campus nor was there a Pay & Display machine immediately obvious. 

4. Upon a further visit to the campus the Defendant found that any signage at the site was small and hard to read. Some of the signs were obscured by trees and would be impossible to read from inside a vehicle. 

 5. Photos obtained following a subject access request to the claimant also show zero evidence of signage pertaining to the restrictions and regulations of parking on the Landowners property.

 6. Following on from [3] & [4], It is denied that the signs used by this claimant can have created a fair or transparent contract with a driver in any event and is therefore incapable of binding the driver as the claimant failed to comply with International Parking Community Code of Practice ‘Schedule 1 – Signage’.

Umkomaas

Now a claim is issued you can't transfer liability to the driver. As UKCPM NtKs almost certainly meet PoFA requirements these days, I'm afraid you're going to have to crack on with this yourself as they can hold the registered keeper liable. 

suckyfish

Yeah that's what I figured. Any thoughts on my defence so far?

suckyfish

Oh damn, just read your bio thingy, apologies!

Redx

If you have the SAR reply , check if the first postal NTK PCN complies with POFA , or fails to comply

Because you are not the driver , then as keeper the claimant has to rely on POFA compliance in order to hold you legally responsible for the actions of your vehicle !!

If they failed POFA , then you as keeper have no case to answer , So you must put them to strict proof of compliance

Landowner authority and signage etc are ALWAYS put to strict proof

No exhibits are submitted with the Defence , also keep the defence concise and to the point

suckyfish

Unfortunately in this case it seems like they did comply with POFA