IAS dismissed appeal

Samrossetti

Coupon-mad said:

What do you mean 'original defence'?

As I explained above, my appeal and what I used to appeal/defend the pcn. I've now found the defence template, written by you, that Keith directed me too, so I will tweak the 1st 3 paragraphs in next day or so and post here to see if OK 

Le_Kirk

Your appeal and the defence will be two different articles.  The appeal is just that, an appeal as in "please remove this PCN because it was undeserved" and it goes to or went to a parking company or their so-called independent arbitration service whereas your defence is a series of technical/legal arguments that hold some weight in court.

Samrossetti

Le_Kirk said:

Your appeal and the defence will be two different articles.  The appeal is just that, an appeal as in "please remove this PCN because it was undeserved" and it goes to or went to a parking company or their so-called independent arbitration service whereas your defence is a series of technical/legal arguments that hold some weight in court.

Sorry I probably didn't make myself very clear. I know it will be written differently but I wanted to know if I should reiterate the same reason for the appeal which in my case is that they can't hold me, the registered keeper, liable because they sent the pcn after the 14 days from alleged offence. In my appeal I actually wrote alot of legal argument and looking at the template here, it is actually very similar . I'm going to tweak the defence template and post it here later or tomorrow to see if its OK 

Coupon-mad

Not serving the NTK in time is only a main defence point if you were not driving.

However, you must stay consistent: i.e.  if in your appeal to IAS you admitted to driving, you can't now be vague about that in your defence because the C will produce the IAS decision in their evidence.

So be consistent, but certainly not restricted to only repeating what you sent to IAS.

Samrossetti

Coupon-mad said:

Not serving the NTK in time is only a main defence point if you were not driving.

However, you must stay consistent: i.e.  if in your appeal to IAS you admitted to driving, you can't now be vague about that in your defence because the C will produce the IAS decision in their evidence.

So be consistent, but certainly not restricted to only repeating what you sent to IAS.

I wasn't driving which is why I used pofa in my appeal so I will continue saying that I just wanted help with wording. I've got your template saved now

Samrossetti

Is this OK for defence? I'm only posting points 1 to 3 as requested as 4 onwards is same for all. I thought I had posted this earlier this morning but can't find it now 

DEFENCE


1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.


The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question. The Defendant doesn't know who was driving due to the amount of time lapsed between alleged offense and pcn being recieved in post. The Defendant allows friends and family to use her car if they have fully comprehensive insurance and the Defendant doesn't live near this shopping centre and hasn't visited it in approx 10 years

3. The Defendant has no knowledge of why the driver was at the retail park or how long they parked for. The Defendant cannot be held liable for the ticket because they recieved it after 14 days ( 3 months ) and therefore the Claimant cannot hold the keeper liable , regardless of whether they quote PoFA on their pcn . 

Trainerman

I would reword 3 to make it clearer. Something like ............received it three months after the supposed event, and this is well outside the permitted period (14 days).

Coupon-mad

Or just copy the many-times posted (and better) wording in any Highview POFA unremarkable day defence.

There are you search words right there.

If you honestly have not visited that retail park for ten years you should DENY being the driver not just say you don't know.  Far stronger to deny (if true).,

Samrossetti

Coupon-mad said:

Or just copy the many-times posted (and better) wording in any Highview POFA unremarkable day defence.

There are you search words right there.

If you honestly have not visited that retail park for ten years you should DENY being the driver not just say you don't know.  Far stronger to deny (if true).,

Ok I will deny. I'm not sure what you mean about using the maby tomes posted and better worded defence.....the one I used above is the one you guys posted a link to and its one you yourself posted......which other one do you mean? 

Coupon-mad

The dozens of results you will find when you search for the words I gave you.