Not able to attend Parking Fine Trial and Hearing

Car1980

1. The driver of the vehicle with registration XXXXXXX (the Vehicle) parked in breach of the terms of parking stipulated on the signage (the 'Contract) at XXXXXX XXXXXBXXXX on XXXXXX thus incurring the parking charge (the 'PCN' in this case £182.23).

2. The PCN was not paid within 28 days of issue. The Claimant claims the unpaid PCN From the Defendant as the driver/keeper of the Vehicle.

3. Despite demands being made, the Defendant has failed to settle their outstanding liability. 

4. THE CLAIMANT CLAIMS £100 for the PCN, £70.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £12. 23 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

Probably too late now, but we still have not been given the particulars and the only other one I can find from the same claimant is above.

It does not invoke POFA.

If yours is the same, your "was not the driver" defence is correct and you should stick to it. 

You could have listed a brief defence as follows (maybe you did)?

1. The claimant is the registered keeper of the vehicle but was not the driver on the day alleged. No contract exists between the two parties.

2. The claimant has not brought their claim under any legal mechanism that could make the defendant liable.

3. As the particulars make no case for liability, it submitted that the claim should be struck out under 3.4(2)(a) where a statement of case discloses no reasonable grounds for bringing a claim.

Car1980

Any news on the result?

arshadganja

Hello All.
Just to update everyone, the hearing was on on 19th November.

I attended the meeting and Judge immediately dismissed the claim. Citing that claimant has not provided any proof that the ticket was not purchased and was not displayed on the window screen of the car.

Altogether, a very straightforward and pleasant experience. I did not even had to say anything to defend myself.

Thanks everyone for your help in this matter. Very useful group.

Car1980

Great. Did you get any costs?

Coupon-mad

arshadganja said:

Hello All.
Just to update everyone, the hearing was on on 19th November.

I attended the meeting and Judge immediately dismissed the claim. Citing that claimant has not provided any proof that the ticket was not purchased and was not displayed on the window screen of the car.

Altogether, a very straightforward and pleasant experience. I did not even had to say anything to defend myself.

Thanks everyone for your help in this matter. Very useful group.

Yay! An empowering life experience too.

ANOTHER ONE BITES THE DUST!

Archergirl

Sorry you had to go through that but glad you stood your ground. Well done at least it's all over now.
Thanks for the update, so many people ask for help that we never get to hear the outcome x

ChirpyChicken

Archergirl said:

Sorry you had to go through that but glad you stood your ground. Well done at least it's all over now.
Thanks for the update, so many people ask for help that we never get to hear the outcome x

Agreed. Always good to hear the outcome what ever the result. I think its rude that people dont update after getting help