Vista Centre Parking Ticket - CPM

Parkingchaos100

Haha,

Thanks CP - I don't really want my father involved tbh. Am I correct in saying I'm not losing anything by getting liability transferred to me if I am disputing the signage and unclear lines - Or would you opine that this is a bad move?

If it comes to a hearing of any sort - I'd think he'd be bit confused and I'd have to represent him. Is this possible?
I have read Shahib's thread and would like to follow that, throwing in the fact of the signage and unclear lines.

I'm happy I know what to do next thanks to the threads - really amazing and greatly appreciated,

Coupon-mad

Dad has to transfer liability to you. 

Parkingchaos100

Hi All, Merry Christmas,

After I thought it had all gone away, I finally get a LBC! 
Is this response ok?

Thanks in advance


Dear Sirs,

Your Ref XXXX

Proposed Legal Proceedings

Claimant - UK Car park management limited

I refer to your letter of claim dated XXXX. The alleged debt is disputed and any court proceedings will be defended.

Your is addressed to my father and was registered keeper of the vehicle, he is 81 years old and therefore I request you transfer liability in this case to myself, XXXX XXXXXXX of <Address>.

On the day in question a ticket was purchased, and the vehicle parked. No clear lines were marked on the ground, nor a clear indication it was a restricted parking bay. The vehicle was parked next to another already parked vehicle - there were no clear signs immediately in front of the bay.

The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), state:

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to understand each other’s position, make decisions about how to proceed and support the efficient management of those proceedings.

Part 6 states:

Steps before issuing a claim at court

The parties should exchange correspondence and information to comply with the objectives in paragraph

3, bearing in mind that compliance should be proportionate. The steps will usually include —

 (c) the parties disclosing key documents relevant to the issues in dispute.

You refer to a contract, yet you fail to include a copy of the contract (a key document), as well as fail to state the contractual nature of the breach you allege. 

Therefore, as your templated letter is not sufficient to adhere to the PACPs, I require the following:

1. A copy of the contract (or contracts) you allege exists between your client and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date. 

2. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached.

I look forward to your response.

Coupon-mad

You can't do this and you can't reply:

Your is addressed to my father and was registered keeper of the vehicle, he is 81 years old and therefore I request you transfer liability in this case to myself, XXXX XXXXXXX of <Address>.

Look at my previous reply. I told you how a keeper transfers liability, way back in April.

It did not involve you doing anything.

We don't want to see you get this wrong.

Your Dad replies. As I clearly said. Also the last thing to ask for is this, eek no!

"1. A copy of the contract (or contracts) you allege exists between your client and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date. 

2. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached."

Nonono. See the NEWBIES thread post 2.

Car1980

Put up or shut up responses like that can
be useful in certain cases, but Gladstones tend to churn out hopeless court claim particulars so it's helpful not to prevent that. 

All you have to do is email them with:


Ref. 12345
I am in receipt of your Letter Before Claim dated 19th December.

This email is to confirm that I am the registered keeper of vehicle AB1 CD2 but was not the driver during the time and on the day of your PCN.

The identity of the driver is:

Joe Bloggs Junior, 123 Sample Street, Anytown AA1 2BB.

Any liability under the POFA 2012 is now extinguished and you are now instructed to ERASE all details you hold about me under the GDPRs.

Regards
Joe Bloggs Senior

Be prepared for them to come back with some lies about you having 28 days to do that, which you can use to your advantage.