Minster Baywatch / ANPR claim form received

Le_Kirk

KeithP said:

w12ee3e said:

Before that, am I able to share a copy of my defence here? It's not finished yet but it'll be based off the Beavis template with a few extra points regarding the above.

Yes of course you can share your proposed Defence here.

But please only post your paragraphs 2 & 3 as the rest of the defence template doesn't need checking.

Redx

w12ee3e said:

Are they allowed to demand copies of personal documents to fulfil my SAR?

Got a generic one back wanting copies of birth certificates, passports, blah blah

Reply using a copy of the claim form page , plus add copies of 2 recent redacted utility bills too , that is all you are required to submit , no birth certificate , no photo I D , no extra data , they are not entitled to birth dates , photos , passport numbers etc

If you have the V5C , add a copy of that too

If that fails , report them to the ICO

w12ee3e

Le_Kirk said:

KeithP said:

w12ee3e said:

Before that, am I able to share a copy of my defence here? It's not finished yet but it'll be based off the Beavis template with a few extra points regarding the above.

Yes of course you can share your proposed Defence here.

But please only post your paragraphs 2 & 3 as the rest of the defence template doesn't need checking.

Here we go. Should I incorporate any of the points raised here regarding the uncertainty about the party the contract could be formed between (based on the inconsistent signage?)

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.

2.1      It is not admitted that the Defendant was the driver of the vehicle in question and liability of being the driver is therefore denied.  

3.         The alleged contraventions only came to light by post some months later, and this took the form of countless threatening letters from debt collection agencies which were not clear as to what they related to or the substance of the supposed contracts that and alleged to have occurred. This caused significant distress and harassment. Furthermore, the Defendant understands he cannot be held liable due to the Claimant not complying with the ‘Keeper liability’ requirements set out in the Protect of Freedoms Act 2012, Schedule 4.  

w12ee3e

Also regarding complaining to my local MP - is there a suggested template that's been used before to make the point as effective as possible.

Le_Kirk

w12ee3e said:

Also regarding complaining to my local MP - is there a suggested template that's been used before to make the point as effective as possible.

Complaints to MPs - well anybody really - should be written by you, from the heart; most MPs will spot a template letter and bin it!

Coupon-mad

Not admitted?  Or are you denying being the driver? If you were not, say so and use the word 'deny'.

Your paragraph 3 is very vague and says nothing about the car park and what business you ir a driver would have had there, and why you deny any breach if terms.

Even if you don't know who was driving and don't recall the event you must add facts about the car park, and what you do know (or what you don't know and put the C to strict proof over).

w12ee3e

Is it worth denying or confirming I was the driver, it probably doesn't have any bearing on anything I presume? Perhaps I 'ought to just delete that out altogether. I can't actually remember who was the driver either way, it's a family car.

3 I'm not too sure about what to say here. Should I keep this very matter of fact? The vehicle which I am a registered keeper entered the car park, I was however unsure about the contract and terms and conditions and the signage was inadequate to allow me to make an informed decision ;

3.1 The basis of the contract and which party this was to be formed with

3.2 The terms agreed specifically the length of time I was able to use the car park without being liable to pay a third party

3.3 The basis of the activity that facilitates the contract

3.3.3 I state as a fact I did not 'park' in the car park, I was stationary or 'stopped' as opposed to vacating the vehicle and leaving it in situ as defined as 'parked'

(the I being very conditional as I'm not sure who the driver was)

Thanks

Coupon-mad

If you don't know who was driving and there were other insured drivers, say so!  It's important not to assume you were after all these years.  Do not name the drivers but put the Claimant to strict proof of your liability.

Read a few Highview defences from May, by searching the forum.  They had that wording nailed.

D_P_Dance

ANPR is pants, read this

https://metro.co.uk/2021/10/18/surrey-writing-on-womans-jumper-landed-couple-with-fine-when-she-walked-in-bus-lane-15439916/

D_P_Dance

The small print on that sign, white against a dark grey backgound, is extremely had ti read, how high is it?  A judge may not agree tht it was acceetable, read this and complain to your MP.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1