Not able to attend Parking Fine Trial and Hearing

arshadganja

Thanks for the responses. I have decided to attend.

Attached are the 2 different notices. Have I got them wrong somehow? Or is that court error?

Also, I think my Wife was the driver. I have proof that it was not me as I can see timeline on my phone. Contravention was done 5 year ago so my wife can’t really remember, but we suppose she may have been the driver. The only other explanation is that the timestamp on the CCTV photos is somehow wrong or doctored.

We had no reason to be at the place of contravention on the said date as we used to go there for my child’s football training. Training was always on Friday and contravention occurred on Thursday.

If it was indeed my wife, then she obviously missed the signs. As we always pay. It was just 50p anyways.
Does that weaken my case? Should my argument be that there were no proper signage? What are other people experiences?

GrumpyDil

I won't comment on the details of the case as others are better placed to help but the second letter says will now take place so indicates the hearing date has been changed to the 19th.

la531983

Indeed, the OP has missed the "Please note the change of date", underlined, and in bold....

Coupon-mad

la531983 said:

Indeed, the OP has missed the "Please note the change of date", underlined, and in bold....

Yep. The date changed.

Gr1pr

One case,  change of date from Tuesday 18th to the following day, Wednesday 19th

Not being the driver is no defence if the claimant complied with POFA 2012, a 13 year old law that can change liability from the driver to the keeper 

Your defence and your WS bundle are already submitted,  too late to alter them 

arshadganja

So I am stuck with I am not the driver? Nothing I can do now? I can’t argue that the signage was not appropriate/visible?

Any pointers please what should I say to the judge? It’s my first time in court so a bit nervous.

Gr1pr

If you brought up these topics in your defence and witness statement,  then by all means stick to those topics, but the judge will direct proceedings,  including explaining what will happen and when

You know your case,  I don't, we dont  ( especially if you keep opening new threads instead of having one single thread per case

I suggest that you read the court hearing feedback in other cases on here,  from other victims,  you will learn things from them regardless of if they won or not

Coupon-mad

arshadganja said:

So I am stuck with I am not the driver?

Nothing I can do now? I can’t argue that the signage was not appropriate/visible?

No idea. You wrote your submissions!

But UKCPM usually comply with POFA wording so it was no defence for a registered keeper just to say you weren't driving.

Not unless the signage was inadequate. However you are ONLY potentially liable for the PCN sum on the sign, not the fake added £60 or £70 'fee' which attempts to get the minimal cost of the usual letter chain twice. This is because the keeper liability law (POFA Schedule 4) states the 'maximum recoverable sum' is the parking charges on the signs on the day. No double recovery of fake 'fees'.

Which is what you will say, if you see the judge isn't on your side. You get the added extortion removed at least. And the interest. And by turning up in good time, you won't be considered unreasonable so they can't claim extra costs like the rep's fee/travel.

That is why you MUST be there on 19th.

Obviously, get there early to get through security (like an airport without the passport!) and don't be fooled into talking to their legal rep in a small room beforehand ... but you know that already from the hearing tips section of NEWBIES PLEASE READ THESE FAQs FIRST.

What did you put as a defence and what did you put in as evidence and what did you say in your WS? We've no idea what you covered.

You CAN raise poor / illegible terms and signage even if you didn't raise the matter before. If the rep & judge think you can't raise that, politely disagree and point the judge to s71 of the Consumer Rights Act 2015. The test of fairness is mandatory in every case (a duty on the court, which covers terms and signs and prominence of same, even for a keeper who wasn't driving. Because somebody was and the terms & signs must be 'adequate notice'). 

Assume your judge doesn't know this & that he/she won't know about the 'maximum sum' in Schedule 4 of POFA either.

LightFlare

If the OP raises (and is allowed to raise) any defence based on lack of signage - is the burden not then on them to evidence/prove it ?

Therefore, the OP may be wise to start collecting anything that will demonstrate this to their benefit

5 years after the date may make this somewhat challenging though

Car1980

Other way round. The claimant has to prove everything.

But the defendant can disprove if they have their own evidence. Plus they have signed a statement of truth, so if a defendant has stated there was no signage it should be taken as gospel.

The claim is based on a contract, so page 1 and Exhibit A of the claimant's bundle should be the actual contract sign they are relying upon. Amazing how many claims these idiots make though that don't show that and they simply base everything on regurgitating a sentence or two, as opposed to a proper photo from the actual site, plus pages of irrelevant waffle.

5 years ago is more of a problem for the parking company than the defendant.