Claim Form for Parking Charge, help!

Coupon-mad

Your understanding of the above advice (which is correct) is too simplistic, I'm afraid. This is not a silver bullet nor an 'outcome'.  

Please don't start thinking this PCN is void, because it isn't.

They can charge you because they can (to a certain extent, to get it to court) work on an assumption that you were driving, and you must not lie, if asked.

This is not what @paulstevens64 was saying.  He was saying there is a defence from the point of view of the registered keeper.  So defend as keeper.

KeithP

AffiaAngel said:

paulstevens64 said:

So, if the land is under byelaws, they can only attempt to charge the driver of the car. Please understand here, you are the "keeper" - that is what is says on your V5 document - it even says on this  V5 document that it  does not prove ownership of the vehicle.

You need to go back and amend all you posts to make sure you have not identified the driver (the use of I, me, we is generally a clue).

You then need to put your defence together based on the court defence template. You need to explain in your defence that the land is under byelaws, so POFA does not apply. Therefore the parking company cannot find you, (the keeper) liable for the charge. They can only charge the driver,  and they do not know who the driver is.

I hope this all makes sense.

Oh I see! So because they cannot prove that I was actually driving the car, they can't charge me? That's a great outcome. Thank you so much! 

I didn't quote the last sentence of your most recent post because once again you have fallen into the 'I' 'me' trap.

This is how that sentence should've been written...

It was starting to upset me that just because the driver didn't pay 50p for an hour parking, they could charge me £100, ridiculous.

Do take care. The parking companies read this forum.

AffiaAngel

Thank you for the help. I think I'm starting to understand how this works. Although I'm still not confident about writing a defence. Is there any other things I should know about or you could advise? I'll re-read the newbies section to try and gain more understanding 

KeithP

AffiaAngel said:

Thank you for the help. I think I'm starting to understand how this works.

That's good.

It might be a good idea to edit your earlier posts 'to protect the innocent'.  

Coupon-mad

AffiaAngel said:

Thank you for the help. I think I'm starting to understand how this works. Although I'm still not confident about writing a defence. Is there any other things I should know about or you could advise? I'll re-read the newbies section to try and gain more understanding 

You aren't being told to write a defence.

I've already written it for you (suitable for everyone with a non-ParkingEye claim) and you only need to add your facts paragraph 3, as the Template Defence thread coaches.

AffiaAngel

KeithP said:

AffiaAngel said:

Thank you for the help. I think I'm starting to understand how this works.

That's good.

It might be a good idea to edit your earlier posts 'to protect the innocent'.  

Thank you! I have edited it now!

AffiaAngel

Coupon-mad said:

AffiaAngel said:

Thank you for the help. I think I'm starting to understand how this works. Although I'm still not confident about writing a defence. Is there any other things I should know about or you could advise? I'll re-read the newbies section to try and gain more understanding 

You aren't being told to write a defence.

I've already written it for you (suitable for everyone with a non-ParkingEye claim) and you only need to add your facts paragraph 3, as the Template Defence thread coaches.

Sorry, I thought adding facts on paragraph 3 was my defence. Understood it's just adding my facts now

Umkomaas

AffiaAngel said:

Coupon-mad said:

AffiaAngel said:

Thank you for the help. I think I'm starting to understand how this works. Although I'm still not confident about writing a defence. Is there any other things I should know about or you could advise? I'll re-read the newbies section to try and gain more understanding 

You aren't being told to write a defence.

I've already written it for you (suitable for everyone with a non-ParkingEye claim) and you only need to add your facts paragraph 3, as the Template Defence thread coaches.

Sorry, I thought adding facts on paragraph 3 was my defence. Understood it's just adding my facts now

When you post it here for critique, only show the paragraphs you have constructed, we don't need or want to see the other paragraphs you will be copying and pasting into your Defence from the Defence Template. 

AffiaAngel

Umkomaas said:

AffiaAngel said:

Coupon-mad said:

AffiaAngel said:

Thank you for the help. I think I'm starting to understand how this works. Although I'm still not confident about writing a defence. Is there any other things I should know about or you could advise? I'll re-read the newbies section to try and gain more understanding 

You aren't being told to write a defence.

I've already written it for you (suitable for everyone with a non-ParkingEye claim) and you only need to add your facts paragraph 3, as the Template Defence thread coaches.

Sorry, I thought adding facts on paragraph 3 was my defence. Understood it's just adding my facts now

When you post it here for critique, only show the paragraphs you have constructed, we don't need or want to see the other paragraphs you will be copying and pasting into your Defence from the Defence Template. 

Understood, I will get that written up and post when complete. Thanks for your help!

AffiaAngel

Sorry, commenting again, doing another look around the area on Google Maps, the VCS signs are actually on the buildings of the stores. The driver still didn't see them at the time but it's not looking good since those signs are actually everywhere (although the most recent Google map images are from 2018 so it could have changed but I have no way of knowing for sure what it looked like back in March)