Defence letter

Jafface

Can anyone give me guidance / advise on how to word my defence letter for a parking fine please? Basically the car was stationary for 24 seconds on a no stopping road on a retail park, having gone back to look for the sign you cannot possibly see it never mind read it from a vehicle, the defendant was the keeper of the vehicle at the time but was not the driver. Do I name the driver or just say in my defence I was not the driver. Any help much appreciated.

Fruitcake

It is not a fine, nor do you write a defence letter. You start with an Acknowledgment of Service, then submit a Defence.

I believe the last day to do the AoS is today, so you need to act pronto otherwise you will get a default judgment against you.

I believe it is too late to transfer liability to the driver.

You have left your VRM and PCN number showing.

What happened when you complained to the landowner?

Start by reading the second post of the NEWBIES Announcement at the top of the forum where you will find a guide to court written by bargepole. This is a step by step guide from the claim right through to the hearing.

Also read the template defence sticky Announcement thread. Most of the work is done for you so you only need to amend paragraphs 2 and 3, then show us just those two paragraphs.

Get pics of the site and signage (on foot) for later in the process.

Determine whether the PCN was or wasn't PoFA compliant. 

Complain to your MP.

Redx

Too late to name the driver , should have been done before the Court claim , so as the named defendant you will have to defend as the non driving keeper , trying to use POFA in order to win ( plus other legal points too )

I doubt that the NTK PCN complied with POFA , but check anyway

Do that AOS online , today , asap , that is your first priority , before 4pm

Then email a SAR to the DPO at VCS attaching a copy of the claim form as proof of I D under the GDPR law to obtain all your data

Then start drafting your Defence , posting only paragraph 2 & 3 below for critique

Jafface

I have already done acknowledge of service I could nt find out who the land owner was.

Coupon-mad

OK, what is the date of issue of the claim and the date you did the AOS?

Can you show us a Google Street view link to the exact place please? I didn’t know VCS were operating a pseudo no stopping zone at a retail park.

Absolute scam.  Where is this?

D_P_Dance

They appea to be claiming unlawful amounts, read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Jafface

https://goo.gl/maps/Z8wTZ7SbnhQVH1ScA 
pontefract Racecourse retail park

Jafface

Issue date was 16/08/21 I filed AOS on 25/08/21.

Jafface

Does POFA mean they had 14 days to issue the PCN ? 

Redx

Jafface said:

Does POFA mean they had 14 days to issue the PCN ? 

Only if they want to transfer liability from driver to keeper , there is no other mechanism for doing so

POFA is not mandatory , so they do not have to comply with POFA , they will assume that the keeper and driver are the same entity , they have 6 months to obtain keeper details and 1 month to get a PCN to the driver

POFA does not assist a driver

VCS tend to ignore POFA , so rarely if ever do they comply with POFA

Jafface

Thank you this is dating back from 2017, do I email VCS for SAR ? It’s a mind field for me sorry for all the questions.