Hi,
I'm confused as to which defence would be my strongest - below are the flaws in MET's case.
Should I site all of the below as reasons why I am defending the claim - or stick to just points 1 and 2, because to site point 3 would only be relevant, had I been the driver and therefor my defence would be insufficient/unclear signage. Or is it pertinent to raise the signage issue if only to cast doubt on their case.
- HELP PLEASE !!!!
1.They failed to meet the time limit to issue the NTK
2. On the claim form in the 'Particulars of Claim' point 4 states "The driver agreed to pay within 28 days but did not" That is frankly untrue
and it says "D is liable as the driver or keeper"
3. The images of various signs around the car park sent to me by DCBL make no sense - The images of signs from a distance, to show positioning, do not marry up with the close up images of each sign. they're totally different. And the arial site photo, showing sign locations, is contradictory to the other images.
Look forward to your speedy reply - time is running out for my defence submission
Thank you very much for your time with this
Do I defend myself in person at Civil National Business Centre, against parking fine
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If they discover the identity of the driver they do not have to rely on PoFA2012 and have 6 years in which to initiate court action.
Suggest you edit your posts so that if they read them they cannot infer the identity of the driver.
Failure to notify within the time limits should see them off!
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The Notice To Registered Keeper from MET Parking Services states the date of contravention as 6th July 2018 and the Date of Issue is 8th August 2018.
So way outside the 14 day stipulation
I have never admitted to being the driver, but the pictures prove it was me driving - I'm assuming that even though they will discover I was the driver, it won't matter because the fact remains that they did not notify me within the 14 days.
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1)It will end up in court, unless they withdraw the claim.
You don't need a solicitor, and it would not be cost effective to employ one.
2)You claim they failed to notify you within 14 days of the event.
That should be sufficient to see them off, but are you sure of your position.
In practice that revolves round the issue date (PoFA2012 Schedule 4 sec 9 (6)
If the NTK was issued within time but delayed in post you will need to prove that delay
3)re signage... who knows who the judge will believe.
You can throw doubt on their "proof", but cannot show otherwise
If they have a photo of the two occupants leaving the park, does that not prove you were not the driver? or is it too indistinct?
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