Received a claim? Yes
Issue Date: 22-9-2017
Amount approx: 800
Claimant: Parking Control Mnagement
Solicitor: Gladstones
Original Credit:
Particulars of Claim:
Stat Barred? No
Have sent:
Other Info:
Our defence has been submitted via online which was received by the County Court on 06/10/2017. The defence is as follows;
I (Mr X) have never driven nor parked on the land of Tiltman
Place N7, as mentioned in the particulars, since this is a
courtyard that cannot be accessed by public vehicles- there are
three entry points for pedestrians only; two with bollards and one
with a large gate (photographic and video evidence has been
acquired)
I (Mr X) the Registered Keeper of vehicle (car reg) did not
have access to said vehicle in question on the dates specified, as
I was at work 35 miles away in High Wycombe on the 24/11/2016,
09/12/2016, 22/12/2016 & 22/02/2017, as mentioned in the
particulars - therefore I was not the driver in question. My
employers would be willing to supply evidence based on the dates
above.
Any Parking Charge Notices (PCN) tickets issued failed to mention
mandatory conditions set out in the Protection of Freedoms Act
2012 (POFA 2012). Since the POFA 2012 has not been complied with
[being only the registered keeper and not the driver at the time]
Subsequently the PCN's are invalid; as it does not comply with the
POFA 2012.
I (Mr X) did not enter into a contract for parking on the
private land according to the Department for Transport Section 56
and Schedule 4 of POFA 2012. As there was no signage from Parking
Control Management (PCM) setting out their terms and conditions
upon parking. Subsequently I am unable to enter into a contract
with PCM for the aforementioned parking charge(s) stated in the
particulars. Google maps images have been collated as evidence to
show the signage that was in place from a parking company called
Parking Ticketing Ltd (PTL) whom no longer operate in the
vicinity.
I (Mr X) refute the claims of Parking Charges, Damages and
indemnity costs made by the claimant and would like to further add
that any signage that is currently there has appeared in the last
7 months [after PCN's were issued]. I have an independent witness
from the local London Borough of Islington Council Office who
would be willing to supply evidence in support of my defence.
Furthermore, I would like to add that these particular signs are
insufficient as they are high up and not noticeable when driving-
as ones focus is solely on the road carrying out manoeuvres such
as a three point turn.
Issue Date: 22-9-2017
Amount approx: 800
Claimant: Parking Control Mnagement
Solicitor: Gladstones
Original Credit:
Particulars of Claim:
Stat Barred? No
Have sent:
Other Info:
Our defence has been submitted via online which was received by the County Court on 06/10/2017. The defence is as follows;
I (Mr X) have never driven nor parked on the land of Tiltman
Place N7, as mentioned in the particulars, since this is a
courtyard that cannot be accessed by public vehicles- there are
three entry points for pedestrians only; two with bollards and one
with a large gate (photographic and video evidence has been
acquired)
I (Mr X) the Registered Keeper of vehicle (car reg) did not
have access to said vehicle in question on the dates specified, as
I was at work 35 miles away in High Wycombe on the 24/11/2016,
09/12/2016, 22/12/2016 & 22/02/2017, as mentioned in the
particulars - therefore I was not the driver in question. My
employers would be willing to supply evidence based on the dates
above.
Any Parking Charge Notices (PCN) tickets issued failed to mention
mandatory conditions set out in the Protection of Freedoms Act
2012 (POFA 2012). Since the POFA 2012 has not been complied with
[being only the registered keeper and not the driver at the time]
Subsequently the PCN's are invalid; as it does not comply with the
POFA 2012.
I (Mr X) did not enter into a contract for parking on the
private land according to the Department for Transport Section 56
and Schedule 4 of POFA 2012. As there was no signage from Parking
Control Management (PCM) setting out their terms and conditions
upon parking. Subsequently I am unable to enter into a contract
with PCM for the aforementioned parking charge(s) stated in the
particulars. Google maps images have been collated as evidence to
show the signage that was in place from a parking company called
Parking Ticketing Ltd (PTL) whom no longer operate in the
vicinity.
I (Mr X) refute the claims of Parking Charges, Damages and
indemnity costs made by the claimant and would like to further add
that any signage that is currently there has appeared in the last
7 months [after PCN's were issued]. I have an independent witness
from the local London Borough of Islington Council Office who
would be willing to supply evidence in support of my defence.
Furthermore, I would like to add that these particular signs are
insufficient as they are high up and not noticeable when driving-
as ones focus is solely on the road carrying out manoeuvres such
as a three point turn.
Comment