Draft defence

[des8]

tick "NO"

you really want to push this to court.
It is quite possible (and usual) for them to discontinue a case if they think they won't win.
If you have the case heard in your local court it costs them.
If you agree to a paper hearing you are at a disadvantage as you can't question them.

[Mollygog]

I have to put a reason why I’ve said No?

[Mollygog]

This is what they said after ticking No
There are factual disputes that will need to be heard by the judge directly and the Claimant will need the opportunity to cross examine the Defendant and test any evidence put forward by the Defendant.

There are also complex issues of fact and law that will be best argued orally.

[des8]

That is their standard response, seen many times.
No need for you to add anything, although you could add that there is much that the claimant needs to clarify and explain

[Mollygog]

Thank you so much, do I email my form like I did my defence?

[des8]

Thank you so much, do I email my form like I did my defence?

Yes.

[Mollygog]

I’ve just noticed they sent me another email, stating If I pay Payment in full of £311.48 they will not proceed with the case. They have attached the photos again, but not the extra 3 they originally showed which were from a completely different area! Also when I first got the ticket, I was such in a panic, I used the appeal email by mistake to ask for a permit, thus couldn’t appeal again, because they took that as my appeal! They have also enclosed that. So now I can’t really say I didn’t know where I got the ticket from. But still the address on the PCN is a public road, and not an unnamed road where I was parked, do you still think I stand a chance with that alone?

[des8]

Nice of them to say they will discontinue if you pay them their claim!!
How do they arrive at a figure of £311.48...... inflation?

My initial reaction is to allow the case to continue as there is nothing to lose, but would like to see the exact wording of that email.
Perhaps you could post up a copy of that email, and also your appeal

[Mollygog]

We act for the Claimant.

We note within your defence you have requested evidence.

Please find attached the evidence we hold on file.

We respectfully draw your attention to the Notice to Keeper, which states "14th June 2021 at 17:32". For clarity, this is the parking period.

Please note, schedule 4 (4)(1) of the Protection of Freedoms Act 2012 (“the Act”) states “The creditor has the right to recover any unpaid parking charges from the Keeper of the vehicle”. For the purpose of the Act; “Keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the Registered Keeper. The DVLA confirmed that you were the Registered Keeper at the time the Parking Charge Notice (PCN) was issued and as such you are presumed to be the Keeper. Our Client therefore has the right to recover the PCN from you as the Keeper of the vehicle. 

Payment in full of £311.48 will prevent any further legal proceedings on this case.

Payment can be made via bank transfer to our designated Client account: -
• Account Name: DCB Legal Ltd Client Account
• Sort Code: 20-24-09
• Account Number: 60964441

You must quote the correct case reference 101454.14421D when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Alternatively, you can contact DCB Legal Ltd on 0203 434 0437 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/   



Kind Regards,

Isobel Pickstone

DCB Legal Ltd

Tel: 0203 434 0433 | DX 23457 Runcorn
dcblegal.co.uk | Twitter | Linkedin | Facebook

[Mollygog]

This was the appeal they have enclosed, where I mentioned I asked for permit, my mistake I used wrong email

Appeals and responses.pdf

[Mollygog]

https://imgur.com/a/cDZi2u3 This is a photo of the appeal

[des8]

Haven't seen what you wrote in your POPLA appeal, but elsewhere you do not seem to have identified the driver, so they can only pursue you as the keeper.
Judging by their email this seems to be what they are intent upon.
However the PCN does not comply with the PoFA requirements to enable them to transfer liability for the charge from driver to keeper, so in court (if they go that far) they should fail.

To show how incompetent they are, study their statement:
"We respectfully draw your attention to the Notice to Keeper, which states "14th June 2021 at 17:32". For clarity, this is the parking period."

What period is there? a date & time is not a period"

PS suggest you delete those attachments which show your name,& registration number

[Mollygog]

I can no longer log in to POPLA to view the appeal, but I did complain about why it was declined, it was all due to the 3 fake photos!

have been advised by citizens advice to ask you too look at my appeal again? When I got the ticket, I couldn’t find any contact details for Spring Parking that would work, so I used the appeals email to ask how to get a permit, they replied and said the owner of the Land will email me the details, which they never have, and that my appeal was closed, although I hadn’t actually appealed, it was my fault as I used the wrong email.
I then used your service, I was given the opportunity to comment on the operators evidence, I said in my statement the evidence they supplied of the signage and bays were not from my area (where the ticket was applied) I phoned the business in the photos, they were 14 miles from me, I’m in Eltham, the photos are from Ilford. The adjudicator did not take this into consideration at all, but carried on saying that the photographic evidence from the operator shows that Flat1 and 2 have bays and that I would be designated one if I had a permit. These Flats are 14 miles from me, there are No bays at all where I live, so how can that be evidence? She says at the end she is not required to address my additional points, I raised about the operators evidence, surely she can’t ignore the fact, the evidence they supplied is wrong, and continue to use the photos, to refuse my appeal, surely this can’t be right? Please can you look at this again?

[des8]

"I can no longer log in to POPLA to view the appeal," hopefully you have learnt to keep a record of any business correspondence from now on!!

Anyway I see no reason to pay their demand.
You could write back telling them that their client has failed to comply with the requirements of PoFA 2012 sch 9 sec9 (2) (a)
as date and time is not a period.
Accordingly their client cannot transfer the liability to pay the parking charge from the driver to the keeper.
Under the circumstances you suggest they discontinue the claim or face the possibility of a claim for adverse costs following unreasonable behaviour in pursuing a claim which has no merit

[Mollygog]

They are being dodgy now, the photos in question were not in the evidence they attached yesterday!