Help with defence for Private Parking Ticket

AsparagusFern123

Hello,

I've read the newbies thread and others but was hoping someone could give me some specific advice now as I'm looking at a small claims court. This relates to a 34 min (though some documents say 35 minute) overstay for failing to obtain a permit whilst dropping my young son off at an Activity Centre for 2 nights for his first ever school residential. This place is actually also a registered charity! The car park is for visitors only who I have since found out, all must register their VRM. Contradictory information from other parents about being told by staff they had 10, 15, 20 minutes and didn't need their VRM.

The Activity Centre said they cannot do anything about it, despite me being a paying customer and paid over £300 for the school trip! Appeal to Civil Enforcement and POPLA failed. Now I have the Letter Before Action or £170 fee.

My defence was lack of signage and no consideration under the Equality Act as my son has 3 classified disabilities which I had to speak at length to the teacher about at drop off. Also no consideration that 60 children are being dropped off at once in a small car park, my child and others were nervous and it was chaotic. Just feels so unfair to be then hit with a fine.

I saw no sign notifying visitors to enter their VRM. They know I was the driver, but yet the latest letter is still addressed to the registered keeper- my husband. Should he now write back or me?

From the POPLA appeal I also got hold of the 'Confirmation of Appointment' contract between landowner and CE - the start date says 'ASAP' - could I argue that the contract doesn't actually exist then and I've broken no contract law?

Many thanks in advance

Gr1pr

If its a Letter of Claim from CEL , he can follow the LoC response template advice in the newbies sticky thread in announcements near the top of the forum, 2nd post, to deny liability and confirm his name and address

So, The person being chased should reply , so either use the Loc response or he could dob the driver in, as long as no court claim has been issued ( so is the driver up for dealing with it ? Or is the keeper happy fight it. ? )

At the moment, you have no legal involvement so cannot argue anything, because they aren't writing to you !

AsparagusFern123

My next thought was to also email the CEO stated below - though she actually resigned last year but is still the company secretary

AsparagusFern123

Thanks Gr1pr. The registered keeper (my husband) unfortunately has no capacity or will to fight this right now. He would fill out a simple reply form / letter template....but not do the whole court prep - thats within the drivers capacity. May have to be a joint effort!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82159186#Comment_82159186

Well he now names you as driver then, with full name & postal address. Transferring liability to you.

That is as long as he hasn't got a claim form yet…? Who sent the LBC? CEL themselves, or DCB Legal?

AsparagusFern123

Civil Enforcement themselves sent the Letter Before Action, last week. Nothing from a debt recovery company yet...

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82159447#Comment_82159447

Then get him to name you as the actual driver, to Civil Enforcement, as he is allowed to do under POFA2012, transferring liability from the Registered Keeper to the driver, extricating himself from the proceedings , ASAP

The original pcn gave him that choice, on the back , so he should have done so if he doesn't want to deal with it, but still can

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82159447#Comment_82159447

There won't be. CEL are about to issue him a claim so he must do as advised, now!

AsparagusFern123

Great, thanks both. Would you just get my husband to tick box D on the attached to pass liability- or use the template reply letter from the thred? Make much difference?

If just tick the box, should we just leave it at that and pass liability, or explain why I (the driver) also dispute the debt (ie my defences I'd use in a small claims court)?

Many thanks

Gr1pr

The RK should name the driver ASAP, if the RK doesn't want to deal with it, no explanations, keep em guessing

So just transfer liability, nothing else

Nb, it will be too late once a Money Claim is issued, so kwikstix

Coupon-mad

Do NOT use the reply forms.