Re: County Court claim letter over parking fines
Here are the PoCs:
1. The Claimant is, and was at all material times, a private parking company, managing at the locations listed in the below paragraphs pertaining to contraventions ('the site(s)).
2. The Defendant is and was at all material times an individual/company and was the registered keeper of driver of all the vehicle(s) with registration number(s) *******.
3. The Defendant has admitted that they were the driver of the vehicle for the contraventions listed below and/or in the event that the Claimant has been unable to identify the driver of the vehicle the Claimant has complied with the provisions of paragraph 4(2) of Schedule 4 of the Protections of Freedoms Act 2012 and has the right to bring this claim against the registered keeper under paragraph 4(1) of Schedule 4 of the same Act, being the Defendant.
4. For each contravention listed below, parking at each of the specified sites was offered subject to the Claimant's terms and conditions, which where clearly displayed on signage throughout the site. These terms and conditions were accepted by the driver of the vehicle when they parked their vehicle at the specified sites ('the agreement') and the Defendant was therefore bound by the same in their capacity as driver of the vehicle. It was a term of the agreement that in the event of breach of the terms of parking, a PCN would be issued & sum be payable. Am I right in saying that this is the 'contract' element of my defence?
5. The Defendant has failed to pay the sums owed in respect of the aforementioned PCN's.
6. In the circumstances, the Claimant has suffered loss and/or damage due to the Defendant's failure to pay the charges.
This is followed by 9 contraventions, each detailing that 'the driver of the vehicle breached the terms of the agreement by parking in a designated 'Pay and Display' parking space and not clearly displaying a valid ticket.
I've also contacted the University who say that they have a contract with UKPC - would it be up to UKPC to prove this?
Here are the PoCs:
1. The Claimant is, and was at all material times, a private parking company, managing at the locations listed in the below paragraphs pertaining to contraventions ('the site(s)).
2. The Defendant is and was at all material times an individual/company and was the registered keeper of driver of all the vehicle(s) with registration number(s) *******.
3. The Defendant has admitted that they were the driver of the vehicle for the contraventions listed below and/or in the event that the Claimant has been unable to identify the driver of the vehicle the Claimant has complied with the provisions of paragraph 4(2) of Schedule 4 of the Protections of Freedoms Act 2012 and has the right to bring this claim against the registered keeper under paragraph 4(1) of Schedule 4 of the same Act, being the Defendant.
4. For each contravention listed below, parking at each of the specified sites was offered subject to the Claimant's terms and conditions, which where clearly displayed on signage throughout the site. These terms and conditions were accepted by the driver of the vehicle when they parked their vehicle at the specified sites ('the agreement') and the Defendant was therefore bound by the same in their capacity as driver of the vehicle. It was a term of the agreement that in the event of breach of the terms of parking, a PCN would be issued & sum be payable. Am I right in saying that this is the 'contract' element of my defence?
5. The Defendant has failed to pay the sums owed in respect of the aforementioned PCN's.
6. In the circumstances, the Claimant has suffered loss and/or damage due to the Defendant's failure to pay the charges.
This is followed by 9 contraventions, each detailing that 'the driver of the vehicle breached the terms of the agreement by parking in a designated 'Pay and Display' parking space and not clearly displaying a valid ticket.
I've also contacted the University who say that they have a contract with UKPC - would it be up to UKPC to prove this?
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