IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
Excel BW again
Options
Comments
-
Thanks for that beamerguy, will continue to read other threads and probably come back with other queries if you don't mind.cm620
-
claretmad62 wrote: »Thanks for that beamerguy, will continue to read other threads and probably come back with other queries if you don't mind.
You are welcome here any time for help to defeat the scammers0 -
Could you please link me to the Brainstorm thread...cant seem to find it
Cheerscm620 -
Nope, no link (that doesn't help newbies use the forum confidently, which is vital), look for his thread in the latest few pages.
The S in his username is a dollar sign.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Ah, rightio...will give it a shot
Cheerscm620 -
Ok, had a decent look over Brain$torms thread, the issue I have is the actual Witness Statement. As it is over 5 years ago nobody can remember the occurrence ...and certainly not who was driving. So I cannot really give a descriptive happening of the day, all I am doing is suggesting whoever was driving paid, so it was either the machine that was faulty or possibly the cameras double dipped the car..its all I have to offer. That's what is worrying me, How should I attack this ?
Is my two liner defence going to count against me...or do I now need to go into more detail and with what. Do I approach this in a different way because it is pre PoFA, and if so how ?
Sorry to be a pain, but if in a few days I'm getting a letter saying its court..I want to be confident that I stand a reasonable chance
Cheerscm620 -
Is my two liner defence going to count against me...
Yes, that was awful advice. You could have thrown a decent one together by copying & adapting one from here and emailed it to the Northampton Court in time. Maybe you even had a day or two to spare? Too late now.so it was either the machine that was faulty or possibly the cameras double dipped the car..its all I have to offer.
No it's not, you can say on the balance of probabilities it was not you driving (include a copy of the insurance policy if other named drivers were on it at the time or just state that at least 3 family members used that car, if true). And remind that court that the burden remains with the claimant to evidence that you were that driver and that you did not pay & display (not just some ANPR photos).
And from your two line defence:1/ No contract as POFA not adheered to.
2/ No contractual obligation to claimant by defendant as no contract offered
You can also attack the signage evidence because of your point #2. Was this at the Peel Centre? If so, then your WS can use the Cutts case which proved that signage was woeful around that time.
I would also throw in at skeleton argument stage (before the hearing) this FOI:
https://www.whatdotheyknow.com/request/139931/response/342099/attach/html/2/FOIR3196%20Thorn.pdf.html
The point being, Excel were banned by the DVLA later in 2012, for stating or implying in their documentation/signage that the vehicle owner/keeper is liable for the payment of charges imposed in respect of parking contraventions, or that the vehicle owner/keeper had a legal responsibility to provide information as to who the driver was. ''This behaviour is a significant breach of the AOS Code of Practice'' said the DVLA at the time about pre-POFA cases.
So it seems Excel are hoping that this has been forgotten and that they are now able to imply to the courts, exactly what they were banned for in 2012 by the DVLA! They imply keepers are to be judged for not responding to non-POFA letters and are implying that they can somehow use a back-door method to hold keepers liable. If that were true, why did Parliament enact Schedule 4? Obviously Excel's argument has no weight.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Ok, I get it....I panicked. As long as I haven't totally cocked it up. Is there a way I can put up what I've already done on my WS without others seeing....or am I being a little over the top.
No it wasn't the Peel centrecm620 -
Was it the cash-cow of Cavendish retail park? You can tell us!
You can show your WS here, no need to hide it. We do these openly and people win. You are nowhere near WS stage though. You haven't even had your Directions Questionnaire yet, then Notice of Allocation...PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Haha.....it was. I got help from another forum, and in their defence I took my eye off the ball, didn't read any threads in depth and panicked. They were all really helpful, just thought eggs and basket and would get others take on it...so many thanks for your help and support.
OK, will try and put it on tonight...probs tomorrow.cm620
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards