VCS Parking ticket, now elevated to Elms Legal

RainyDaySaver1

Thank you Coupon-mad.

Would I include the code of practice in the defence or witness statement? 

I included it previously but was told it was too long for a defnce 

Coupon-mad

Refer to it briefly, but save the detail for WS stage.

RainyDaySaver1

This is the defence I have formulated so far and plan to submit:

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the hirer of the vehicle in question on the day of the PCN, 19/04/21, but liability is denied. 

3.  The Defendant has proof that the driver purchased a ticket for parking for the duration of the day, which will be provided in the witness statement. The driver had been involved in a Road Traffic Collision in the days prior to the event, in which his vehicle had been rendered unroadworthy resulting in the driver being issued with a hire car. On the day of the event the driver purchased a parking ticket for the day but the application automatically selected his usual vehicle registration and not the hire car registration.

4. As the Claimant has failed to comply with paragraphs 13 and 14 of Schedule 4 of the Protection of Freedoms Act 2012, there is absolutely no way that any liability that the driver may have incurred can be transferred to the Defendant.

5. The Defendant informed the Claimant around the 14th of May 2021 in order to resolve the dispute, given that this was a common ‘VRM keying error’ caused by their application default and the Defendant expect any professional AOS member to cancel, as is best practice in this industry. There is no valid cause of action, the minor error was administrative and was caused by their application partner’s system which fails to give notice about any parking charge and just carries forward the previous VRM used. The Defendant does not believe this is a matter to waste the court’s time over when the Claimant has long since been able to attribute the payment to the correct vehicle. This is why the Government has stepped in to prevent such issues from reaching court in the future as can be seen in the Government’s ‘Parking code enforcement framework’.

I'm not 100% on point 4 but I was advised to include it on this thread

Jenni_D

I think para 4 is a technical defence in relation to them not including all the required documentation with their PCN to hold the vehicle hirer liable.

If the claimant says to the judge that we believe* the hirer was the driver, and the judge asks you "Were you the driver?" how do you plan to respond? (If you were not the driver and can prove it, keep it in - if you can't provide such proof (on the balance of probabilities) then perhaps consider whether this still warrants remaining in your defence. But I suggest taking the advice of people like @Coupon-mad in preference to my advice).

* Yes, I know - it is really for them to prove their assertion - but judges often take their word for it

Le_Kirk

Indeed as @Jenni_D writes, what will you say?  You should have absolute proof of being elsewhere; a poster on here lost there case in the last couple of days DESPITE being able to prove they were in a different city.  The judge just did not seem interested in proof preferring to believe the claimant who had NO proof!

RainyDaySaver1

Hi all,

I submitted my defence and have been sent a DQ on the 15/11/21. However I have not received a letter or an email? In what form does the DQ come? I am worried it has been a week and I have had nothing

Coupon-mad

and have been sent a DQ on the 15/11/21. 

On its way then.  Paper form, comes by post.  Does the claim have your right address?

There has been a weekend in between so it will come this week.

95Rollers

Le_Kirk said:

Indeed as @Jenni_D writes, what will you say?  You should have absolute proof of being elsewhere; a poster on here lost there case in the last couple of days DESPITE being able to prove they were in a different city.  The judge just did not seem interested in proof preferring to believe the claimant who had NO proof!

What a travesty? If that happened to me I'd report it to the media! 

Although not much use now (unless he has a time machine?) - but my advice to everyone is get a Dashcam. You can get them fairly cheap and worth their weight in gold if you are ever unlucky enough to get stitched up by a PPC who expects the burden of proof to be on you and will probably still ignore it. Although how this judge would take it remains to be seen!

Coupon-mad

Seconded.  My kids got me a Dashcam a few years back as a pressie.  Right up my street!

95Rollers

Ideal for Double Dip stitch ups and ones where there is a frustration of contract amongst countless others. You might even be lucky catch the Ghost Ticketers on it and supply the video evidence to the police when you report the PPC for Fraud.