Parking Charge for registered keeper at HM Courts & Tribunal Service

derick23

So my kids swim at hamble sports complex, and there was time my brother has to drop them for me. He was there for 20 minutes. He said he did entered my car registration number because he was just dropping them quickly then he got into a chat with their swimming teacher and ended up spending 20 minutes.

A parking charge was sent to me to pay, I told them the car was there legitimately and provided them with my kids details still they said No I have to pay.

I then gave them my brothers details to send him the parking charge and my brother never respond to them.

Now they have sent me to HM Court & Tribunal Service and I am not ready to pay that fine. Any idea or help with defence in this case. Thanks.

Gr1pr

Its not a fine, its a pcn invoice

Post a redacted picture of the claim form below, after hiding the following details

Name and address on the top left of the claim form

VRM details in the POC on the lower left side of the claim form

Claim form reference number on the top right of the claim form

Password on the lower right hand side of the claim form

So redact ( hide ) 4 items

Coupon-mad

Easy to defend! Did you give his name and address as driver? If yes: perfect defence situation. No keeper liability.

derick23

Hello,

Yes I did give his details name and address also I showed them that the driver was there ligitimately to drop my kids.

Gr1pr

Its a redacted picture of the N1SDT claim form that we need to see, with the name and address of the claimant and their lawyers, top left , and the total amount at the bottom, like this case below , look at page 1

https://forums.moneysavingexpert.com/discussion/6664144/smart-parking-and-dcb-legal

Or this example

https://forums.moneysavingexpert.com/discussion/6685083/dcb-legal-on-behalf-of-parking-eye-advice-on-defence-for-court-claim

derick23

This is what i have there. The other side just has the court address Civil national Business center

Coupon-mad

You'll just be using the Template Defence on page one of the forum like everyone else.

All we need to check is your planned para 3, about the fact that the Defendant completed a valid transfer of liability (ToL) to the driver xx months ago. Under the POFA 2012 Schedule 4, as a matter of fact and law, that is the end of it for a registered keeper and there is no lawful mechanism to continue to process the data of, let alone harass and pursue, the keeper after a ToL.

You could even counterclaim for £300 for damages for distress arising as a result of data abuse (a breach of DVLA KADOE rules as well as a data breach per UKGDPR and the DPA2018) and also harassment, pursuant to the remedy in the Protection from Harassment Act 1997 and relying on Ferguson v British Gas and other authorities.

Gr1pr

Post the Issue date from the top right of the claim form below

No breach pleaded in the CEL POC section above

derick23

Thanks for that information. Not sure I understood this your sentence: "All we need to check is your planned para 3, about the fact that the Defendant completed a valid transfer of liability (ToL) to the driver xx months ago" How would you like to check that?

Also can I do everything online at moneyclaim rather than filling all those forms?

Thanks for the help.

Gr1pr

You can and should use MCOL, no emails, no paperwork, no posting, just MCOL only

Let us know the issue date from the top right of the claim form so we can give you deadlines

Coupon-mad

You'll already know that this is done on MCOL (not on paper) if you have read the Template Defence thread. And you should know the facts paragraph is para 3 of the recommended defence.

Sound like you haven't properly read the Template Defence thread yet. Don't link it here please and don't show us all ten paras! Just your para 3 for checking,