Private parking has sent me to court

Johnersh

It wasn't a fine, parking charges are contract law invoices and 'not being the driver' isn't a valid defence unless this was at a Port.

Yes and no.

It may be a partial defence, in fairness. Claims are often pleaded in the alternative alleging the defendant was keeper and/or driver.

If the o/p has denied being the driver that is a defence to half the basis of the claim presented. The claimant now has to prove s/he was the driver or (more likely) establish that PoFA applies to make him/her liable. Note that PoFA is more prescribed (£100) as to the sums that are recovery even in the worse case scenario.

Clearly if the PPC cannot prove compliance with the law and the issuing of statutory notices then even absent a defence there may be difficulty in them succeeding.

Coupon-mad

Yep, I accept that. Almost certainly not a defence in this case though, if it isn't a port.  CEL usually comply with the POFA.

To the OP: can we see the POC and could you answer my questions please?

ldmusaj

Umkomaas said:

ldmusaj said:

Coupon-mad said:

Oh dear. That was inadvisable.

It wasn't a fine, parking charges are contract law invoices and 'not being the driver' isn't a valid defence unless this was at a Port.

Why is it £500? Two PCNs?

Where exactly?

Can you collect evidence of the signs?

Show us pics of the terms on the signs and also show us the Particulars of Claim. Cover your VRM.

Coupon-mad said:

Oh dear. That was inadvisable.

It wasn't a fine, parking charges are contract law invoices and 'not being the driver' isn't a valid defence unless this was at a Port.

Why is it £500? Two PCNs?

Where exactly?

Can you collect evidence of the signs?

Show us pics of the terms on the signs and also show us the Particulars of Claim. Cover your VRM.

1. How do I collect evidence of the signs? 

2. Is there any way online or ? 

3. Also do I have to fill out the n180 form by the date required ? 

1. Revisit the car park and take photos

2. Google Street View (possibly)

3. Absolutely you do - see the 12 steps in the Defence Template Announcement. 

Am I able to send this via email?

Coupon-mad

Please see the Template Defence which answers this already.

Again: can we see the POC and could you answer my questions please? We want to help.

ldmusaj

Coupon-mad said:

Please see the Template Defence which answers this already.

Again: can we see the POC and could you answer my questions please? We want to help.

Will have to drive there to get the photo of the signage . 

Coupon-mad

ldmusaj said:
  Will have to drive there to get the photo of the signage . 

OK, worth it at court claim stage, but what about my other two questions and the redacted picture of the POC, as seen in every other claim thread?

Here's what we need to know & see:

Coupon-mad said: It wasn't a fine, parking charges are contract law invoices and 'not being the driver' isn't a valid defence unless this was at a Port.

Why is it £500? Two PCNs?

Where exactly?

Can you collect evidence of the signs?

Show us pics of the terms on the signs and also show us the Particulars of Claim. Cover your VRM.

ldmusaj

Coupon-mad said:

ldmusaj said:
  Will have to drive there to get the photo of the signage . 

OK, worth it at court claim stage, but what about my other two questions and the redacted picture of the POC, as seen in every other claim thread?

Here's what we need to know & see:

Coupon-mad said: It wasn't a fine, parking charges are contract law invoices and 'not being the driver' isn't a valid defence unless this was at a Port.

Why is it £500? Two PCNs?

Where exactly?

Can you collect evidence of the signs?

Show us pics of the terms on the signs and also show us the Particulars of Claim. Cover your VRM.

It appears to be at a hotel and it’s two separate claims both at 500 pounds each. 

ldmusaj

here are the particulars of the claim (Image removed by Forum Team)

Gr1pr

It's two pcns at £100 a pop on the single claim form above at the Ibis Hotel in London Docklands 

Coupon-mad

 

That's not £500 each.  Unless you mean that you have two claim forms (four PCNs)? All at the same car park? What happened, was the driver a hotel guest and knew nothing about the need to exempt your car?

Show the other POC but cover your VRM like I have, above.