Resubmit defence?

Melantropic

Hi all, I would be grateful for advice.
Prior to the discovery of this forum, I completed the ‘acknowledgement of service’ section along with my defence. However, this was done without completing a (full/proper) defence. I only just discovered on this forum, what a proper defence looks like. The defence I submitted on (15March) was literally just a few lines. I only had a few hours to complete it and meet the deadline. As a newbie, I didn’t understand the process and so didn’t ask for an extension of time. What can I do to fix the situation. Can I resubmit a defence? I’m due to file a Directions Questionnaire today. Thx 

Le_Kirk

You cannot submit a new or amended defence without paying a substantial fee.  You might be able to recover the situation at witness statement time, what stage are you at in the process?  Show us the defence you submitted along with details of the parking situation and what the PPC are claiming you did wrong.

Melantropic

The ticket concerns a car I hired during 2018. I don’t recall receiving a PCN during 2018. The situation is that I was a passenger in a car that I hired. I was unable to drive the car at the time of the incident due to sicknesses. The driver parked in one of those motorway retail service stations at night. I fell asleep in the car, so I don’t recall how long we were parked for as incident occurred years ago. Apparently parking is free for 2 hours. I vaguely recall receiving notification from the car hire company regarding the PCN but I don’t have paperwork or a record of dates. I may have received a letter from the parking firm but this would’ve been well over a year from when the incident took place. I ignored further letters. This year 2022, I received a court claim from parking firms legal rep. I filed the directions questionnaire (30th May). The PPC claim form doesn’t go into any detail. It Just gives the date, car registration, the car was parked in breach of the signs terms. The claimant want £170 for the PCN and damages at interest of 8% which also includes legal rep costs.

As I said, I wasn’t the driver and I dont have the drivers contact details. My defence is: 

I did not receive a PCN regarding the alleged offence.

There was inadequate signage at night. I could not see any signs.
I was not aware that I had breached any parking rules.

I have a disability that effects my ability to drive, function and
focus adequately. I had stopped to rest, as I was unwell at the
time and therefore, unable to operate and move the vehicle in a
safe manner.

Fruitcake

It is not an offence.

What happened when you complained to the landowner/service station manager/CEO? It is never too late to get a landowner cancellation. Service stations are supposed to be a refuge, a place of safety. 

Have you complained to your MP yet? If not, do so. I suggest you also write to the secretary of state for transport as well.

Did you specifically say in your defence that you were not the driver? What you have put in your post above does not say that. In fact, it implies that you were the driver, but were unable to move the vehicle.

Did you mention that the vehicle was a hire car in your defence? It would help, but it is not fatal if you did not. For the PPC to have contacted you, they must have got your details as hirer/lessee from the hire/lease company, so they are aware this was a hire/lease vehicle and they are aware now that you were not the driver.

Has the PPC supplied you with a copy of the NTH as per paragraphs 13 and 14 of the PoFA 2012? They cannot hold a hirer/lessee liable for the charge if they were not the driver unless they issued a PoFA compliant NTH and the documents mentioned above.

Have you sent an SAR to the claimant and the hire/lease company yet? If not, do so now as per the advice in the NEWBIES. Include proof of non-photo ID with the request.

Do you have, or can you obtain copies of proof that you were ill/temporarily disabled and incapable of driving at the time of the alleged event? If your disability is permanent, then you may possibly have protected characteristics as stated in the Equality Act 2010, and the PPC should have made reasonable adjustments in anticipation of this to prevent indirect discrimination.

Melantropic

Sorry, I don’t believe it was a service station. There may have been a bunch of shops, namely (Roadchef Watford Gap South 2). The PCN was “issued on private land owned or managed by” the PPC.

My defence as stated on the ‘acknowledgment of service’ form is as follows:

I did not receive a PCN regarding the alleged offence.
There was inadequate signage at night. I could not see any signs.
I was not aware that I had breached any parking rules.
I have a disability that effects my ability to drive, function and
focus adequately. I had stopped to rest, as I was unwell at the
time and therefore, unable to operate and move the vehicle in a
safe manner.

If required, I will make a request to the Court to amend my defence. 

You’re correct, my defence does imply that I was the driver. In truth, myself and my companion made more than one stop at different locations. I don’t recall parking at Roadchef, which suggests that it was my companion who was the driver on this occasion.

I haven’t as yet, but I will submit an SAR to both claimant and the car hire company.

No, the PPC haven’t supplied me with a copy of the NTH.

Yes, I can obtain medical info that protects me under the Equality Act 2010.

I haven’t made a complaint to anyone as yet. I will though if there’s a chance that the PCN will be cancelled. Should I complain to the PPC now or wait for the SAR docs? which could take well over a month to arrive if they arrive at all! Their legal rep wrote to me recently asking for proof of my disability. I haven’t replied as yet.

Le_Kirk

You cannot complain to the PPC but you should complain to wherever it was the driver stopped to allow you to rest and recover.  You will know who this was from your claim form.

Coupon-mad

A Roadchef is a service station on a trunk road.

If required, I will make a request to the Court to amend my defence. 

Nope, just do a more detailed effort at WS and evidence stage.  Read the NEWBIES thread second post to understand what happens when.  WS and evidence comes well before the hearing and that's when you can prove your defence with evidence of the unlit signs and the medical condition, etc.

You will get a copy of all letters if you email a  SAR to the PPC data protection officer, which I think you've done.  The hearing letter will tell you your WS deadline.

Fruitcake

In advance of your WS, I suggest you email direct to the PPC and their solicitors and say that for the absence of doubt, you were not driving, and since this was a hire/lease vehicle, and they have failed to comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012, you cannot be held liable.
That way they can't later complain that you acted unreasonably by not telling them before they started to shell out money.

Melantropic

Hi all, I have an update regarding this case. 

The car hire company wrote to me saying: (it seems the fine for vehicle registration F******* is not for a rental under your name).

I already submitted the courts Directions Questionnaire N180 form. 

I informed the PPC over a month ago regarding the above info from the hire company however, the PPC haven’t responded to my email.

I recently received a Directions Order from the court providing instructions for an upcoming hearing e.g. preparation of witness statements.

How should I approach this case, since I now have this new evidence from the car hire company, which confirms that the contravention did not occur? Is there a template letter/witness statement that I could use?

Thx

Le_Kirk

You are expecting a template for something that is most unusual!  Looking back over your thread, I am reminded that you did not submit what you called a "proper" defence.  Since you have not yet submitted your witness statement, you have an opportunity to back up what you did say and provide evidence (presumably the hire company provided evidence that you were not the hirer/lessee) by submitting the letter from the hire company.
Look at witness statements by @aphex007 and @Daiapolon2021 for examples of style and format.  Obviously change the content to suit your situation.  Seems like you might be onto a winner here!

Fruitcake

Write to the claimant and their solicitor asap stating that they have the wrong person, include the proof from the hire/lease company, and instruct them to cancel the claim immediately otherwise you will apply to the courts for costs for unreasonable behaviour if they continue with the claim.

Send a draft order to the court asking for the claim to be struck out with costs awarded to you. Ask for this to be put in front of a judge as a matter of urgency, and of course include the proof that the claim is against the wrong defendant.

If they ignore and the hearing still goes ahead, bring this up as a preliminary matter as soon as you get in the court room or as soon as you are connected by phone or video before the hearing proper starts.