Advice on Filing a Defence for Parking Fine Claim

[Silver Paw]

Hello good afternoon,

Thank you for the advise and recommendations

I am working on cutting down the pages of the WS and I hope to send the amended version to the site owner later tonight to be passed on to you for further comments. Hopefully I can put this in the post on Friday before close of business.

Thank you


Regards

[Silver Paw]

Hello good evening,

Thought that I would highlight some discrepancies in your post as I do not know if the rest of the WS you are putting together will follow on from the sections highlighted below in orange.

1)On or about dd/mm/yy I received the Notice to Keeper/ Parking Charge Notice fromVEHICLE CONTROL SERVICES Ltd (VCS) (Exhibit xx)
I want to avoid having to state when the Notice to keeper was received. This is because I do not know when the notice to keeper was delivered to my mail box by Royal Mail. We were not in the country between 02.09.2024 to 07.09.2024. We do not have a letter box on the door and I didn’t open the mail box situated outside my place straight away. I think I checked the mail box around the following weekend. Maybe on the 14.09.2024 I opened the letter box to check the mails.

2) I notified the issuer that as it did not comply with the mandated conditions of POFA2012 . I never made any direct contact with the issuer VCS at any point.. Therefore I cannot produce any evidence such as a letter or phone call. Thus I cannot say something that I have not done.

they could not transfer liability for any charges from the driver to me the keeper (exhibit xx) The claimant's lawyers ELMS Legal were only notified indirectly that their client VCS could not transfer liability to the keeper when I filed my defence in June 2025. There was no communication whatsoever in year 2024 from me.

3)On or about ? May 25 I received a letter of claim dated 17th April 25 from VCS (Exhibit X7 p 27 to 29) . The letter was a 'letter before claim' and it was from ELMS Legal on behalf on their client VCS

please could you bare this in mind when you are drafting the rest of the WS.

Thank you

Regards

[des8]

Sorry, but I'm not too good at the moment and not up to finishing a draft template WS.

So there is no misunderstanding I have only drafted an indication of how your WS should be written.
It should be in your own words and only contain facts.
Your draft (and so does ELM'S!) goes into legal arguments, which is incorrect

To counter ELMS you could state that "On such and such a date you received the Claimant's WS and note he erroneously states XY &Z"
No need to explain or argue the point in your WS, but be prepared if necessary to do so in court.
Keep it brief.

Forgot to add wording of Statement of truth:
‘I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’

[Silver Paw]

Good evening,

No worries, hope you get better soon. Rest is important

I am progressing on cutting it back but proving to be a challenge to reduce the number of pages especially when the line spread is 1.5 and the font is 12.

I did copy the statement of truth word for word from the letter I received form the court giving details.

Hopefully I should be able to post this on tomorrow evening or Saturday morning first class post.

Regards

[Silver Paw]

Good evening DES8,

The last three months have gone quick. I hope everything went well with your hospital visit in September and you are back to you full strength.

I will be attending the local magistrates court in the middle of week next week for the hearing. Just wanted to find out if there is any dress code that I need to observe when we attend the magistrates court next week or I can just turn up in my casual clothing ? Any suggestions welcome.

I checked the Royal Mail tracking online back in October and got a confirmation printout to confirm delivery of my witness statement to take with me along with other things in case the claimant claim non delivery of this.

when it is my time to speak should I just list out the details I put down in my witness statement in point form and emphasize the fact that they haven't followed "single code of practice" or displayed the correct signs.

On a different note should I also raise a complaint with British Parking Association as their web page says that they will investigate any concerns raised by individuals regarding the conduct of their members?

Thank you

Regards

[des8]

Hi, I was wondering how your case was progressing.

Although you might know the building a a "Magistrate's Court" you will be attending a County Court for the hearing in front of a Judge, not a magistrate.

Regarding dress, smart casual is probably acceptable, but the judge will likely wear a suit as will the opposing solicitor

You might find it useful to make a list of bullet points to refer to, besides taking your bundle.

Each judge seems to have their own way of conducting the hearing.
Some just question both sides, others invite the litigants to state their case and even question each other .. just be ready but not intimidated (it really isn't scary!)

You might like to read section 8 of this guide :https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

....and good luck

[Silver Paw]

Hello, thanks for the attached link to the guide. I hope for some luck on my side for next week.

The section 8 your highlighted states that I can take a "Lay representative" as long as I am also present in the room. I am thinking of asking my other half to accompany me as he is better at conveying a point better than me. He is also a quick reader so he will be able to finding the relevant section in the file than I am. The leaver arch file got a lot of sections. So he will be able to assist me which will definitely help.

Do I need to inform the court and the other party that I am going to be bringing someone to help me ? It says I needs to tell them 7 days in advance if I am going to be absent, so I am wondering if they also need to know if someone will be accompanying me a week in advance.

I am also thinking that he will also be a moral support to me.

Thank you

Regards

[des8]

Yes, you may be accompanied by a lay representative.
This right is derived from the Lay Representatives (Rights of Audience) Order 1999.

Whilst you are not required to obtain the court's permission it is advisable to advise the court in advance of your plans so the judge is aware that your companion is not just a McKenzie Friend

It is also good manners, and you don't need to upset the judge!

[Silver Paw]

Good evening DES 8,

Been down to the court during the week with my other half.
Apparently the court paperwork didn’t find it’s way to the judge.

I had to give the judge my partner’s copy. The paperwork I sent in September was not in the file the judge had with him. I produced the Royal Mail certificate of posting also as proof that the paperwork was sent and POD print from Royal Mail as proof of delivery.

The judge dismissed the claimant's claim based on the point that the PCN did not show the information "period of parking" on it as required by PoFA 2012 schedule 4 Para 9(2)(a). The other points put forward such as poor signage and the fact that the claimant didn’t have a contract with the land owner to operate was not even looked at by the judge at all, and I do not know why.

The claimant lawyer kept saying to the judge that he got it all long as here client do not have to show the period of parking as the claim do not relate to overstay. However the claimant's lawyer said they will appeal the judge's decision because this section of the law cannot be applied in isolation. The judge said he will not allow appeal but the lawyer said they will write to the court to appeal the decision within 21 days.


Regarding the counterclaim, the judge asked me which data protection regulation the claimant breached. I mentioned to him Data protection act 2018. Then he said I should put forward point by point which sections and sub sections the claimant breached. I mentioned to the judge that I have not got any other information than the details I have already submitted to the court .The judge was expecting me to argue each point under article 5 or 6 just like the claimant’s lawyers did earlier on when she was telling the judge that he was not correctly applying the law points and I was not up for a task like that. The judge was expecting me to justify why I am correct and the claimant was wrong in processing my data. I thought that this is the sort of thing they ask layers. I have no idea why the judge cannot just read the details printed in the three pages in the counterclaim that I submitted.

I also had trouble locating the counterclaim paperwork in my file. There was a lot of paperwork in my file and I was not able to locate the counterclaim paperwork in my file in those over 200 pages as most of them were sticking together. The paperwork got wet as we got caught in the rain. I should have put them in separately in plastic pouches and label them before we left home. It would not have gotten wet in the rain and it would have help me locate them quickly.

In the absence of being able to locate the paperwork and the judge not willing to look at the paperwork I sent when the counterclaim was made in June, all I can remember was Data protection act 2018.
I could not remember which sections of the Data Protection Act 2018 or sub sections that was put down in the counter claim. For example articles 5 etc. I was not able to look this up in my phone as mobile phones were not allowed to be used in the court room.

I mentioned to the judge that the Claimant is not the designated car park operator nominated by the landowner as they do not hold a valid contact. Therefore, they are a different company to the company that has the contact with the land owner. As they are different company, they should not have had access to Keeper detail from DVLA.

I also mentioned to the Judge that I am not a lawyer and I got most of the information for the defense and counterclaim from online help. Therefore, I am not able to give him details of the individual point of laws and how they are breached. To be honest I didn't expect the Judge to ask me to highlight each legal point and explain how the claimant breached them. I do not know why the written details in the counterclaim submitted was not enough for him to just read and understand what you have given me.

Even if I had found the counterclaim page, I would not know how to put down each point of law and explain it. I think I had mentioned before that I don’t understand any of these laws, I could not figure out in my head how to connect and apply the Data Protection Act 2018 to the breach and put forward as an argument in words explaining it all.

Because I was not able to elaborate on the Data Protection Act 2018 the judge said that he is not able to consider breach of Data Protection Act. Thus, he said that he will also have to dismiss my claim.
The claimant's lawyer said that they will appeal his decision within 21 days at the end of it when the judge asked if there is anything else. It was all very strange because at the start of the case the Judge said that his decision can be appealed within 21 days.


I guess the court will write to me if the claimant’s lawyers make a appeal. Next time I think I am going to have to take a person who is training to be a legal professional who can connect the dots and make an argument. I am not going to be able to afford to pay for a lawyer.

It looks like it is not over; if they are looking to make an appeal on the grounds that the judge got the law wrong. I will be back again in the new year asking for help with it.

If I do not speak to you before them, hope you have a nice Christmas holiday.

Many thanks

[des8]

I don't understand why you did not/could not bring up the matter of the claimant not being the company with whom any parking contract was made.
That should have been a certain win. (If they appeal I wonder if you can then bring up the question of privity of contract? will investigate if it happens!)

But you are where you are, and IF they appeal the decision to dismiss the claim you will need to stand your ground that the NTK was noncompliant with PoFA 2012.
If they appeal and you win that point you will be doing a great favour for others.
Some judges find as yours did, but others find in favour of the claimant.
The finding in the appeal will be binding on lower courts in future, so hope you win


Thanks for the update, anyway.
Now put it behind you for now and have a Happy Christmas