Civil Enforcement Claim form

Le_Kirk

 Perhaps something along the lines that...
"The complaint reports that the vehicle was parked at the aforementioned address however there is no such car park at that address. The keep refutes that such an event took place"

The above is confusing; a complaint cannot report anything.  A complainant might or the claimant could.  Also did you mean "keeper"? 

Ed2022

Le_Kirk said:

 Perhaps something along the lines that...
"The complaint reports that the vehicle was parked at the aforementioned address however there is no such car park at that address. The keep refutes that such an event took place"

The above is confusing; a complaint cannot report anything.  A complainant might or the claimant could.  Also did you mean "keeper"? 

Ouch apologies it was early in the morning or too late.
But yes although @Fruitcake cake identified that the "address given on the NTK is not the physical address of the car park, therefore the NTK does not comply with the PoFA"

C_Angel

Thanks both. Side note: I don't think I can deny being the driver at this point. When I appealed twice to CEL I admitted I was in the car breastfeeding my child.

Ed2022

C_Angel said:

Thanks both. Side note: I don't think I can deny being the driver at this point. When I appealed twice to CEL I admitted I was in the car breastfeeding my child.

I would suppose this makes you care more powerful given the background.
But please proceed with complaining to the MP today, both the local to the venue plus your own constituency if different.
I am thinking perhaps this is one to also get the mums.net people involved given the background.

Umkomaas

C_Angel said:

Thanks both. Side note: I don't think I can deny being the driver at this point. When I appealed twice to CEL I admitted I was in the car breastfeeding my child.

You can't possibly be assumed to be the driver because you said you were breastfeeding your baby.  Somebody else could have been driving your car and parked up while you did the feed. Statements like 'I parked', 'I drove into the car park' would confirm, but, 'I was breastfeeding my baby' doesn't cut the mustard (not sure mustard goes that well with breast milk! 😄)

Double check what you've already written to them to read exactly what you wrote. 

Le_Kirk

C_Angel said:

Thanks both. Side note: I don't think I can deny being the driver at this point. When I appealed twice to CEL I admitted I was in the car breastfeeding my child.

..... as a passenger maybe!

Le_Kirk

C_Angel said:

Thanks both. Side note: I don't think I can deny being the driver at this point. When I appealed twice to CEL I admitted I was in the car breastfeeding my child.

..... as a passenger maybe!

C_Angel

Hi everyone, I've compiled my defence and I've got until 4pm on Monday 17th October to file it. I've included the editable paragraphs... any feedback would be appreciated. Posting it in a new comment.

Also, please let me know if I've numbered the paragraphs correctly? I've read the newbies defence thread and quite a number of draft defence forms, but I'm still a bit unclear on that one. Thanks

@Ed2022 please feel free to use the paragraphs on address/postcode inconsistencies for your defence.

C_Angel

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question. The Claim relates to an alleged debt in damages arising from a driver's alleged breach of contract, when parking at presumed car park on 426-428 Coventry Road, B100UG on XX/05/2021.

 

2.1. The defendant was travelling with a baby and the baby became agitated. The defendant believed this was down to the baby needing to feed so the defendant pulled into an area of off-road parking and was unaware it was pay and display. The defendant proceeded to breastfeed the baby and left the area once they finished feeding the baby.

2.2. As a result of the breastfeeding and unclear signage that this was a pay and display area, a total overstay of 25 minutes was incurred, from which 5 minutes observation period and 10 minutes grace period are allowed, limiting the overstay to 10 minutes.

 

Discrepancies with the alleged car park address

3. The claimant reports that a breach of contract between the claimant and the defendant took place at the Islamic Place of Worship car park on 426-428 Coventry Road, B10 0UG. The defendant refutes that such an event took place at this address. The defendant argues that there is no entrance to any car park on 426-428 Coventry Road, B10 0UG.

3.1. The address given on the Notice To Keeper and on the PCN form on the claimant’s website is not the physical address of the alleged car park. The physical address of the presumed car park is 23 Watts Road, B10 9RJ, and the entrance to the presumed car park is 23 Watts Road, B10 9RJ. This can be confirmed when searching the area via Google Maps and when physically going to the presumed car park.

3.2. There are also discrepancies with the postcode for the alleged car park. The car park postcode given on the Notice To Keeper and the PCN claim form is B10 0UG. A quick Google Map search confirms that 426 Coventry Road has a registered postcode of B10 0TH.

3.3. A Google Map search of the postcode B10 0UG brings one to a different area altogether- it appears to be the address of a clothing store, a bookshop, and a Snooker club.  

3.4. Therefore, based on the above serious discrepancies the defendant argues that the claim be completely revoked, since the Notice To Keeper does not comply with The Protection of Freedoms Act 2012 because it does not define the relevant land where the alleged event took place.

 

Equality Act 2010 (EA2010) discrimination 

3.5. Under the Equality Act 2010, the passenger of the vehicle should not be discriminated against for breast feeding her baby. 10 extra minutes was a reasonable grace period that the mother required to feed her baby.

3.6. Breastfeeding is a protected characteristic protected by the Equality Act 2010 that justifies adding 10 minutes to the minimum grace period allowed by the British Parking Association code of Practice. Considering this grace period, no breach of contract has been breached by the defendant.

 3.7. At most this situation should be considered a s a frustration of contract since breastfeeding is an event outside the control of the defendant which could not be reasonably foreseen.

 

Inadequate Signage

3.8. The defendant argues that the parking signage in the alleged car park was inadequate and deficient in number, distribution, wording and lighting to reasonably convey a contractual obligation.

3.9. According to picture evidence and a Google Search the signage is limited and somewhat confusing- according to the PCN Claim form the car park is entitled “Islamic place of worship”, but according to picture evidence and Google Search the main sign at the front of the car park is entitled “The Unity Centre” and appears outdated with font that has faded and is ineligible.

3.10. This discrepancy with the name of the car park further highlights the incompetency of the claimant to state clearly the precise, correct location where the alleged contravention occurred.

 The ANPR System is not a record of a ‘Parking Period’

3.11.The defendant argues that the ANPR System is not a record of a ‘Parking Period’

3.12. The Notice to Keeper evidences no parking time, but rather two images of a number plate corresponding with that of the vehicle in question. There is no connection demonstrated whatsoever with the car park in question.

3.13. The Notice to Keeper states the date of the alleged incident, the entry (from) time and the exit (to) time. These times do not equate to any single evidenced period of parking. By the claimant’s own admission on their Notice to Keeper, these times are claimed to be the entry and exit time of the vehicle.

3.14. There is no evidence of a single period of parking and this cannot reasonably be assumed. Since there is no evidence to actual parking times this would fail the requirements of POFA 2012, paragraph 9(2)(a), which states, “Specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates”.

C_Angel

Also need to confirm whether Civil Enforcement follow the POFA 12 guidance/legislation. If they don't the defence may need further editing. 

thanks