Defence - District Enforcement

farthingdownswalker

Coupon-mad said:

Are you sure you were the driver on this occasion?  Could it have been a family member?  If so, then your defence must say as much and deny that the Claimant can hold the registered keeper liable in this instance, as the land is under statutory control.

They can’t hold a registered keeper liable at this site because it’s not ‘relevant land’ but please can you show us the postal PCN so we can check if they are misleading you about liability, or haven’t you obtained a SAR yet and didn’t keep the PCN?

Thank you for your response.

I am fairly sure I was the driver although the photos District Enforcement sent do not show the driver.

I just searched high and low for the original PCN, and I can not find it! I have their response to my appeal if it might be useful? The appeal was a standard template from this forum where I dispute and deny and request explanation and evidence.
 

farthingdownswalker

Coupon-mad said:

Read the other thread where a poster is complaining to a Council about illegal ANPR being used in bagels of a traffic authority/ Council, at Swanley Park.  ANPR for traffic authority enforcement in car parks open to the public, was banned by the Government in the Deregulation Act.

Make the SAME complaint as that thread starter, Beano something - no link, it’s very recent, read the forum and find it).

Please be that person who reports the Corporation to the LGO for illegal ANPR enforcement.  We need a decision on this to stop the likes of District Enforcement who do this far too much.

It will also really help your case if you can get this to the LG Ombudsman stage ASAP.

Thanks, found the thread and amended the complaint as below directed to City of London. I added the registered keeper under POFA complaint. Do I need to add anything about the byelaws? 

Thanks again!

Dear Sir/Madam,

I am writing to complain firstly, about the use of ANPR cameras at your Car Parks for Farthing Downs Common and secondly, that your contractor is suing registered keepers and telling them they are liable, contrary to the applicable law.

As a registered keeper I have been issued with a court claim from your private contractor District Enforcement Ltd for the amount of £218.88 due to an unpaid parking ticket of £35 on 25/02/2021.

The car park at Farthing Downs Common is owned and provided by City of London Corporation, a "traffic authority" as defined under Paragraph 3 of Schedule 4 of POFA; this car park is therefore not "relevant land" under POFA. I am very concerned that District Enforcement is claiming that it has the right under POFA to claim unpaid parking charges from the vehicle’s keeper, even though it should have been obvious to District Enforcement that no such right exists.

I have been appealing the PCN due to the lack of prominent signage detailing the new parking system that was introduced in January 2021. Local residents have always parked on Farthing Downs Common for free. As a local resident the driver’s visit to the park in February 2021 was their first time following the new parking restrictions. Due to the signage not being prominent, the driver was not aware that the car park was now charging to park.

Whilst dealing with the PCN appeal, I have since learned that the LGO has previously found in favour of a member of the public that received a PCN at Lullingston County Park, managed by Kent County Council. In the LGO decision, which I have attached, it says: “The Council did not use the correct process to issue a parking penalty to Mr X. This is significant fault. This affects other members of the public too and we therefore find it appropriate to consider any wider injustice”.

The Deregulation Act (2015) also prevents the use of private firms to use ANPR by local authorities to issue PCNs by post and I would suggest that you seriously review the legal viability of using District Enforcement Ltd to issue such PCNs via ANPR.

In fact, the British Parking Association’s own notice to their members, via their attached guide entitled “ANPR In Local Authority Car Parks”, advised that “So far as off-street parking is concerned, the Secretary of State for Transport wrote to all English local authorities in September 2014 indicating that the Government opinion was that it was unlawful for local authorities to use CCTV/ANPR in public car parks and informed them that DVLA would not supply information in those circumstances. That remains the Government's position”.

I would like to directly ask City of London Corporation why they continue to illegally use District Enforcement Ltd’s ANPR system to enforce parking fines via post for their car parks at Farthing Downs Common as well as allow them to claim parking charges from the vehicle’s keeper.

I would also request that City of London Corporation instruct District Enforcement Ltd to retract their court claim to recover their claim of £218.88, I will strenuously defend my case on the grounds as explained in this email.

 Yours faithfully,

D_P_Dance

Have you copoied this to your MP?

Coupon-mad

Perfect fight back except that you haven't given them a deadline for response. 14 days seems reasonable and when they fob you off, take your complaint to the LGO without too much delay.

KeithP

farthingdownswalker said:

KeithP said:

Hello and welcome.

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Where did this alleged parking event take place?
Oh, I think I can answer that... Farthing Downs?

Farthing Downs appears to be owned/managed by the City of London Corporation.

Do not send your Defence yet.

County court claim form Issue date is 7 September
Acknowledgement of service 17 September

With a Claim Issue Date of 7th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.

That's over three 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

farthingdownswalker

Thanks everyone. Email sent to City of London.

I will wait a couple of weeks before filing my defence in case the claim gets thrown out before then.

farthingdownswalker

That was a quick response from City of London:

Coupon-mad

OK, so now ask them if that is their final response as you now want to take this formal complaint to the Local Government Ombudsman, but you are aware you need to exhaust their complaints system first, not just be fobbed off like this by a person who clearly doesn't understand that this land cannot be operated as if it were private land snd certainly not with illegal ANPR cameras, which traffic authorities have been banned from using for parking enforcement since the Deregulation Act.  An authority cannot get around this ANPR camera ban by using a private parking operator and declaring a car park that is open to the public and undoubtedly under statutory control, to somehow be 'private land'.

Show them what happened to Wycombe Council when they tried to introduce ANPR!

farthingdownswalker

Good morning,

I am still waiting to hear back from the City of London whether they have anything else to say about my complaint.

So as the defence deadline is approaching I have changed it a bit as below. Hope it is ok to send as is? 

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

3. The Defendant has been parking in this car park for many years and walking their dog. The car park has always been free, the entry barrier always open. The Defendant did not see any noticeable signage to inform them of the change in the way the car park was to be used. The barrier was open as usual. If there was new signage, this was not made apparent to the Defendant who has habitually used the car park previously. Failure to add prominent signage when new restrictions are introduced, in order to particularly alert local drivers familiar with the free car park, breached the IPC Code of Practice and the Consumer Rights Act 2015. 

Many thanks for your help in advance.

D_P_Dance

Have you complained to your MP?