PCN Wrong registration number entered on ticket machine

Ive put together a ws. It looks a bit short but covers the main points. Ive tried finding some previous cases where payment was made but as of yet cant find any to quote

1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.

3. I am the registered keeper of the vehicle in question in this case. I was not the driver.

4. Barrister and parking law expert Henry Greenslade was the POPLA (Parking on Private Land Appeals) Lead Adjudicator from 2012 !!!8211; 2015. I adduce, as evidence, Mr Greenslades opinion in the POPLA Annual Report 2015 which confirms that there is no presumption in law that a keeper was the driver and that keepers do not have any legal obligation whatsoever, to name drivers to private parking companies. Exhibit A.

Exhibit B is Schedule 4 of the Protections of Freedoms Act 2012, to which Henry Greensdale refers to in his report.

5. The Defendant, as the keeper, is under no obligation to disclose the identity of the driver, and the onus is on the Claimant to prove their case.

6. It is submitted that the main reason that the Claimant is unable to take steps to enforce the charges they allege apply, is due to their own choice not to use the POFA Schedule 4 prescribed wording in their Notice to Keeper letters. Had they done so, then they might have had cause to pursue me as registered keeper (subject to other evidence, such as adequate notice from signage). In the absence of such notices, there is no cause of action.

7. The vehicle in question in this case entered *** ********* *** ***** car park at **:** on ****** *** 201*.

8. At **:** a parking ticket was purchased. Exhibit C

9. During payment at the ticket machine, an incorrect Vehicle Registration Number was entered in error.

10. All vehicles entering and leaving the car park have their Vehicle Registration Numbers captured by ANPR cameras, as the Notice to Keeper letter shows. Exhibit D

10.1 The vehicle, whose Vehicle Registration number was entered in error, never entered the car park that day.

10.2 The claimants records, through use of these ANPR cameras, will prove this beyond any doubt. Yet they have chosen, suspiciously, not to do so.

11. Despite informing the claimant I was not the driver and of the above sequence of events, during an appeal process to the International Parking Community (IPC), and pleas to check the claimants records to confirm payment was made with an incorrect Vehicle Registration Number, it was to no avail.

12. Given the fact that the Claimant is an International Parking Community (IPC) Accredited Operator Scheme (AOS) member, it is not surprising the appeal was outright rejected because it is reported in the public domain that the IPC attracted AOS membership away from the rival ATA, by allegedly promising an 80% 'appeal win rate' in favour of operators. I have since discovered the conflict of interests behind the Trade Body and the so-called 'IAS' was exposed by MPs in the second reading of the Private Parking Code of Practice Bill, proposed legislation that has unanimous cross-party support in order to stamp out rogue 'tickets' such as this one.

13. The actions of the Claimant are predatory and opportunistic, which directly breaches the IPC Code of Practice, Part B 14.1. Exhibit E.

14. The Court is invited to dismiss this Claim, and to allow my costs which will be submitted separately.

I believe the facts stated in this witness statement are true



any input greatly appreciated