Another one

Coupon-mad

Yes, we know. Same as all other cases, all the same. As I say, it's the £82 that the DLUHC disallows now and this is fully covered in the Template Defence already.

TheBiscuit123

How is this for starters : 

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant was not the driver of the vehicle in question on this day.  

3.  The first The Defendant heard about the parking charge was when the letters started coming to the Defendants house months later. The Defendant wrote to them telling UKPC that the Defendant was not the driver of the vehicle at the time but got no response from them. UKPC kept bombarding the Defendant with letters of debt recovery and the Defendant felt harassed by the whole situation.  The Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

3.1 The driver of the vehicle at the time told the defendant that he parked the car outside his place of work on company property at 3:50am and never saw any signs as it was dark outside. If the driver of the vehicle even saw the sign he would not of been able to read it as the writing is so small.The Claimant’s small signs have vague/hidden terms and a mix of small font, and are considered incapable of binding a driver.  Consequently, it remains the Defendant’s position that no contract to pay an onerous penalty was seen or agreed.

Fruitcake

"Defendants Defendant's"

"not of have been"

How has the claimant failed to comply with the PoFA? You need to explain this in your defence.

TheBiscuit123

Isn't it explained in 3.1 ? That i was not the driver . I dont know what else to write . 

Jenni_D

But PoFA is the law (that they are relying on) to transfer liability to the Keeper. (So whether or not you were the driver is somewhat irrelevant). Therefore you must explain WHY the Claimant has not complied with the requirements of PoFA, therefore no liability can be transferred.

If you don't close off the PoFA angle then they don't need to claim you were the driver.

TheBiscuit123

3.  The first The Defendant heard about the parking charge was when the letters started coming to the Defendants house months later. The Defendant wrote to them telling UKPC that the Defendant was not the driver of the vehicle at the time but got no response from them. UKPC kept bombarding the Defendant with letters of debt recovery and the Defendant felt harassed by the whole situation.  The Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4, because UKPC never responded to the Defendants letter to transfer liability to the driver and the driver at the time has moved on and is no longer in the country and has no contact with the Defendant.

Any better ?

Fruitcake

Did you give UKPC the driver's name and address for service? If not, you cannot expect them to transfer liability if you didn't tell them who it was, and it is too late to do it now.

TheBiscuit123

I did but never got a response from them 

Coupon-mad

Do you have evidence (a copy)?

TheBiscuit123

No  I dont