Fluttering ticket parking fine

Coupon-mad

Add this and re-number the template to fit it in:


4. It is denied that the Defendant was the driver of the vehicle. The Claimant is put to strict proof of the basis upon which they believe they can hold the Defendant liable.
4.1. The Claimant has provided no evidence (in pre-action correspondence or otherwise) that the Defendant was the driver.  The Defendant was in fact, a passenger only.  The Defendant avers that the Claimant is therefore limited to pursuing the Defendant in these proceedings under the provisions set out by statute in the Protection of Freedoms Act 2012 ("POFA")
4.2. Before seeking to rely on the keeper liability provisions of Schedule 4 POFA the Claimant must demonstrate that:
4.2.1. there was a ‘relevant obligation’ either by way of a breach of contract, trespass or other tort; and
4.2.2. that it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to the registered keeper.
It is not admitted that the Claimant has complied with the relevant statutory requirements.

4.3. To the extent that the Claimant may seek to allege that any such presumption exist, the Defendant expressly denies that there is any presumption in law (whether in statute or otherwise) that the keeper is the driver.

4.4. Further, the Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of parliament, they would have made such requirements part of POFA, which makes no such provision. In the alternative, an amendment could have been made to s.172 of the Road Traffic Act 1988. The 1988 Act continues to oblige the identification of drivers only in strictly limited circumstances, where a criminal offence has been committed. Those provisions do not apply to this matter and if it had ever been as simple in law as 'assuming that a keeper was the driver' there would have been no need.for Schedule 4 POFA at all.  

ParkingScum

So add all of this to my section 3?

ParkingScum

Le_Kirk said:

ParkingScum said:

"3. On the xx/xx/xx at xx:xxam the driver purchased and clearly displayed a valid 3 hour ticket whilst parked in the Xxxxx Xxxxxx Car Park. Upon returning to the vehicle at approximately xx:xxpm the valid ticket was lying on the reverse side still clearly displaying its unique serial number printed on both sides. A subsequent Parking Charge for breach of the terms and conditions had been issued in the drivers’ absence. The driver and defendant had fully honored the terms and conditions of the said car park by parking correctly, purchasing a ticket and returning to the car within the allotted time. Vehicle Control Services do not dispute that a valid ticket was purchased for the vehicle XXXX XXX at the said carpark on the said date and time nor do they dispute that the driver returned to the vehicle within the allotted 3 hour time limit."

Thank you as always!!!

Are you defending as Keeper only or Keeper and Driver?  Is the PCN POFA complaint?  If you are defending as Keeper only, you need to adjust the above.

I wasn’t driving but was in the passenger seat. I’m the registered keeper. Far as I know the PCN was compliant.

Umkomaas

ParkingScum said:

Le_Kirk said:

ParkingScum said:

"3. On the xx/xx/xx at xx:xxam the driver purchased and clearly displayed a valid 3 hour ticket whilst parked in the Xxxxx Xxxxxx Car Park. Upon returning to the vehicle at approximately xx:xxpm the valid ticket was lying on the reverse side still clearly displaying its unique serial number printed on both sides. A subsequent Parking Charge for breach of the terms and conditions had been issued in the drivers’ absence. The driver and defendant had fully honored the terms and conditions of the said car park by parking correctly, purchasing a ticket and returning to the car within the allotted time. Vehicle Control Services do not dispute that a valid ticket was purchased for the vehicle XXXX XXX at the said carpark on the said date and time nor do they dispute that the driver returned to the vehicle within the allotted 3 hour time limit."

Thank you as always!!!

Are you defending as Keeper only or Keeper and Driver?  Is the PCN POFA complaint?  If you are defending as Keeper only, you need to adjust the above.

I wasn’t driving but was in the passenger seat. I’m the registered keeper. Far as I know the PCN was compliant.

Well that's not going to help you, if it's PoFA compliant, who the driver was on the day is irrelevant, the registered keeper becomes liable. Best we have a look at the NtK, redact any personal and VRM details, but leave all dates showing. Both sides up please. 

ParkingScum

The notice to keeper was pofa compliant and the time lines were correct. I checked it against a list of things that must be on it.

ParkingScum

@Coupon-mad what section of the template defence should your text above to added to? And 4.2.2….should I leave this in even though the notice to keeper was pofa compliant?

ParkingScum

@Umkomaas there you go.

Umkomaas

Umkomaas there you go.

Umkomaas said:

ParkingScum said:

Le_Kirk said:

ParkingScum said:

"3. On the xx/xx/xx at xx:xxam the driver purchased and clearly displayed a valid 3 hour ticket whilst parked in the Xxxxx Xxxxxx Car Park. Upon returning to the vehicle at approximately xx:xxpm the valid ticket was lying on the reverse side still clearly displaying its unique serial number printed on both sides. A subsequent Parking Charge for breach of the terms and conditions had been issued in the drivers’ absence. The driver and defendant had fully honored the terms and conditions of the said car park by parking correctly, purchasing a ticket and returning to the car within the allotted time. Vehicle Control Services do not dispute that a valid ticket was purchased for the vehicle XXXX XXX at the said carpark on the said date and time nor do they dispute that the driver returned to the vehicle within the allotted 3 hour time limit."

Thank you as always!!!

Are you defending as Keeper only or Keeper and Driver?  Is the PCN POFA complaint?  If you are defending as Keeper only, you need to adjust the above.

I wasn’t driving but was in the passenger seat. I’m the registered keeper. Far as I know the PCN was compliant.

Well that's not going to help you, if it's PoFA compliant, who the driver was on the day is irrelevant, the registered keeper becomes liable. Best we have a look at the NtK, redact any personal and VRM details, but leave all dates showing. Both sides up please. 

Seems you missed that!

KeithP

Please read @Umkomaas's request again.
He wrote...

Best we have a look at the NtK, redact any personal and VRM details, but leave all dates showing. Both sides up please.

...but you have obliterated all dates.

ParkingScum

There you go @Umkomaas @KeithP