Parking fine 3 years later

cancer29

Gr1pr said:

cancer29 said:

Thank you Gr1pr, the POC states the PCN(s) was issued on June 2021 and this date was the same on the letter of claim. Given the length of time I have no way to clarify the exact day of the actual parking on the said site. Could you please point me to the recent cases you are inferring to 

was a windscreen pcn issued on the day, or just a postal pcn several days later ?

if its the latter, that POC date was the incident date and not the issue date

there are plenty of recent examples on here of the numbered rebuttal for paragraph 3, please read a dozen

There was no windscreen ticket as this car park has a 2 hour free limit if you put the registration inside Co op, as far as I can remember thats what have usually done the few times I have been there. I can vaguely remember some letter sent which I ignored at that stage. I will have a look at the ones that you have mentioned, thank you Gr1pr

Coupon-mad

cancer29 said:

Thank you Le_Kirk, I have posted the pic of the claim form 

Para 3 in your case should be:


3.  Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 21/06/2021" to the best of the Defendant's knowledge because there was no PCN on the windscreen that can be recalled.  Whilst the Defendant is the registered keeper, it is too long ago to recall any details and paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The interest is exaggerated and appears to have been calculated on the extortionate total of £170. The Claimant is put to strict proof of their heads of cost and all allegations.

3.1 The POC pleads that the purported contract breach is for ‘Reason : Authorised vehicles only’. The Defendant has no idea about that term and no idea what 'relevant obligation', the driver at the time are supposed to have breached. The car park is adjacent to a Co-op where the Defendant and their family always would put in vehicle registration details. It seems the Claimant must be pursuing this case for either a VRM typo, or a failure of their own keypad system that day, neither of which provide for sufficient legitimate interest to penalise a genuine patron of the shop.  Parking charges cannot be set merely to punish drivers (authority: Supreme Court, in ParkingEye v Beavis) and systems should not be set to place a burden upon drivers of inputting a VRM when the ANPR cameras already have the right data and can present it on a modern keypad screen (authority: the UK Government's imminent statutory Code of Practice). Nevertheless, nothing of value is offered to 'non-authorised' drivers by the phrase relied upon in the POC. Therefore, in the absence of consideration from this parking operator, no contractual 'meeting of minds' was possible and the only possible claim would be by the landowner, under the tort of trespass (not pleaded and the Defendant was not a trespasser). 

cancer29

Coupon-mad said:

cancer29 said:

Thank you Le_Kirk, I have posted the pic of the claim form 

Thanks a ton Coupon-Mad, I couldn't have put it any better, really appreciate this. All you guys are doing a fabulous job in helping hundreds and thousands of fellow forumites in dealing with these parking issues. Kudos to all of you.

cancer29

hi guys, do I need to mention anywhere that I have moved to a different address 3 years back or leave that as I have the claim form come to my current address. I was going through the newbies thread again and I saw that the need to email regarding the claimaint holding two addresses. 

cancer29

Hi All, I have just emailed my defence and have got the below automated message, can I take this as an acknowledgement and sit tight till the next correspondence?

Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days

 

 

When sending us documents please ensure you comply with the Practice Direction 5B

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b

 

Documents not complying will not be accepted, in particular if it is over 10MB or 25 printed pages in size.

Coupon-mad

Yes that's fine.

cancer29

Thank you Coupon-mad

Le_Kirk

cancer29 said:

hi guys, do I need to mention anywhere that I have moved to a different address 3 years back or leave that as I have the claim form come to my current address. I was going through the newbies thread again and I saw that the need to email regarding the claimaint holding two addresses. 

If the CNBC, the DVLA , the PPC, and their solicitors all have your correct address you are fine, if you suspect any one of the four  do not, then send an email to the DPO of the relevant one.