Received County court claim Form for a PCN but I was not the driver?

[MiniB]

Ok Thanks Guys

I will redo the defence over the next few days after work(weekend) its gona be a tight squeeze, I think it has to be submitted by next Thursday.

Also do I have to submit their Docs and my Pictures as evidence?

[ostell]

Nothing else is submitted with the defence, that is all submitted with yru witness statement later, much later, in the process.

[MiniB]

Ok thanks Ostell

Below is the Latest draft of my defence.

I'm not sure if I should add the fact that the driver was driving around waiting for a parking space as the Car Park appeared full, so was unsuccessful in securing a space.
or would that be to much?.




I am xxx,the defendant in this matter and the registered keeper of vehicle xxx.

I deny I am liable for the entirety of the claim on the following grounds:

The Claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to be able to transfer liability for the event from the driver at the time to the keeper.




The failures are:




1. No period of parking specified contrary to 9 (2) (a). Timings from photos of a car moving In front of a camera is, by definition, not parking.





2. Invitation to pay is not in the format required by 9 (2) (e)





3. Failure to give the keeper liability warning required by 9 (2) (f)





4. Failed to specify the date sent as specified by 9 (2) (I)





Schedule 4 of the Protection of Freedoms Act 2012 specifies the following.







1: 9(2) (a) The notice must specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.




2: 9(2) (e)The notice must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper —

(I) to pay the unpaid parking charges; or




(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver.




3: 9(2) (f) Warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—




(I) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and




(ii) the creditor does not know both the name of the driver and a current address for service for the driver







4: 9(2)(i) specify the date on which the notice is sent (where it is sent by post) or given (in any other case).







5: No signs at the Entrance before entering the Car Park.

Signs Displayed at the exit are not sufficient, therefore no contract is Valid or enforceable.




6: Signs unlit and not clearly visible, terms and conditions text is also to small to read by the naked eye while in a stationary or moving car.




7: The above Listed Failures of the Claimant and the following statements conclude that I should not be held liable for this claim:






8: I the defendant and the Owner of XXXXXXX was not the driver at the time of the alleged contravention and details of the driver have been given to the claimant.

9: The vehicle in question was NOT Parked at any point within the times specified by the claimant.










.

The vague Particulars of the Claim disclose no clear cause of action. The court is invited to strike out the claim of its own volition as having no merit and no reasonable prospects of success.


STATEMENT OF TRUTH

I confirm that the contents of this Defence are true to the best of my knowledge and recollection.



xxx
XX feb 2019

[charitynjw]

I reckon that'll do it!

ostell ?

[ostell]

there is a case around that the judge decided that driving around the car park (Fistral car park)? looking for a space is not parking. I think it's in Parking Prankster. There is also the matter in that the signs offered a contract to park, there was no space to park and therefore the contract was not created by the failure of the claimant.

[charitynjw]

Fistral Beach....case no. CS018

[MiniB]

Thats Great CharityNJW & Ostell.

How would I go about mentioning that case in my defence?
would I just Quote the Case No: 3JD08399 or would I have to quote the judges conclusions?

BTW I keep getting messages from bwlegal on my phone asking me to urgently contact them???

[charitynjw]

Thats Great CharityNJW & Ostell.

How would I go about mentioning that case in my defence?
would I just Quote the Case No: 3JD08399 or would I have to quote the judges conclusions?

BTW I keep getting messages from bwlegal on my phone asking me to urgently contact them???

Bear in mind that that case is not a precedent (but could be persuasive).

No point in expanding on the case in your defence. At this stage of the game, it's little more than paper shuffling....are all the documents in place so that the case can be allocated to (your local) court?, sort of thing.. If it were me I'd just say I was driving around, didn't actually park because (eg. couldn't find a space, etc) & leave it at that.
Then use the case further down the line (if it gets that far,)

As for BWL 'phone calls, I wouldn't deal with them on the 'phone (or if I did I'd be very guarded.)
Don't forget, they do this for a living, & they're not going to do it for your benefit!

[ostell]

You'll need to mention the case in your defence, and briefly state why re are raising it, so that you can expand on it later.

[MiniB]

Final Draft of defence.
Please note paragraph 10, is it ok?


I am xxx,the defendant in this matter and the registered keeper of vehicle xxx.

I deny I am liable for the entirety of the claim on the following grounds:

The Claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to be able to transfer liability for the event from the driver at the time to the keeper.




The failures are:


1. No period of parking specified contrary to 9 (2) (a). Timings from photos of a car moving In front of a camera is, by definition, not parking.

2. Invitation to pay is not in the format required by 9 (2) (e)

3. Failure to give the keeper liability warning required by 9 (2) (f)

4. Failed to specify the date sent as specified by 9 (2) (I)



Schedule 4 of the Protection of Freedoms Act 2012 specifies the following.


1: 9(2) (a) The notice must specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.

2: 9(2) (e)The notice must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper —

(I) to pay the unpaid parking charges; or



(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver.

3: 9(2) (f) Warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(I) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and




(ii) the creditor does not know both the name of the driver and a current address for service for the driver


4: 9(2)(i) specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

5: No signs at the Entrance before entering the Car Park.

Signs Displayed at the exit are not sufficient, therefore no contract is Valid or enforceable.

6: Signs unlit and not clearly visible, terms and conditions text is also to small to read by the naked eye while in a stationary or moving car.

7: The above Listed Failures of the Claimant and the following statements conclude that I should not be held liable for this claim:

8: I the defendant and the Owner of XXXXXXX was not the driver at the time of the alleged contravention and details of the driver have been given to the claimant.

9: The vehicle in question was NOT Parked at any point within the times specified by the claimant.




10: The driver was circling the car park and was unsuccessful in securing a parking space as none where available and many spaces where coned off.

With reference to a similar Case No: 3JD08399 the Judge dismissed the Claim.



The vague Particulars of the Claim disclose no clear cause of action. The court is invited to strike out the claim of its own volition as having no merit and no reasonable prospects of success.


STATEMENT OF TRUTH

I confirm that the contents of this Defence are true to the best of my knowledge and recollection.



xxx
XX feb 2019

[ostell]

I wouldn't repeat what POFA says, it is available. You can take it along later.

8) just state that the defendant was not the driver at the time. The rest is padding or already stated.

9) Mention that no contract was created as the claimant failed to provide the parking that was offered . Move this higher up the defence.

[MiniB]

Thanks I have Amended.

Do you think I should leave paragraph 10 where it is or combine it with Paragraph 6?



I am xxx,the defendant in this matter and the registered keeper of vehicle xxx.

I deny I am liable for the entirety of the claim on the following grounds:

The Claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to be able to transfer liability for the event from the driver at the time to the keeper.




The failures are:


1. No period of parking specified contrary to 9 (2) (a). Timings from photos of a car moving In front of a camera is, by definition, not parking.

2. Invitation to pay is not in the format required by 9 (2) (e)

3. Failure to give the keeper liability warning required by 9 (2) (f)

4. Failed to specify the date sent as specified by 9 (2) (I)



Schedule 4 of the Protection of Freedoms Act 2012 specifies the following.


1: 9(2) (a) The notice must specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.

2: 9(2) (e)The notice must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper —

(I) to pay the unpaid parking charges; or



(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver.

3: 9(2) (f) Warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(I) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and




(ii) the creditor does not know both the name of the driver and a current address for service for the driver


4: 9(2)(i) specify the date on which the notice is sent (where it is sent by post) or given (in any other case).




5:The defendant was not the driver at the time of the alleged contravention.




6:The vehicle in question was NOT Parked at any point within the times specified by the claimant, no contract was created as the claimant failed to provide the parking that was offered.




7: No signs at the Entrance before entering the Car Park.
Signs Displayed at the exit are not sufficient, therefore no contract is Valid or enforceable.

8: Signs unlit and not clearly visible, terms and conditions text is also to small to read by the naked eye while in a stationary or moving car.

9: The above Listed Failures of the Claimant and the following statements conclude that I should not be held liable for this claim:



10: The driver was circling the car park and was unsuccessful in securing a parking space as none where availableand many spaces where coned off.

With reference to a similar Case No: 3JD08399 the Judge dismissed the Claim.



The vague Particulars of the Claim disclose no clear cause of action. The court is invited to strike out the claim of its own volition as having no merit and no reasonable prospects of success.


STATEMENT OF TRUTH

I confirm that the contents of this Defence are true to the best of my knowledge and recollection.



xxx
XX feb 2019

[charitynjw]

How about.....

The Claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to be able to transfer liability for the event from the driver at the time to the keeper.
The Claimant has also failed to establish authority to operate on the relevant land.

10: "With reference to a similar County Court case No: 3JD08399........"

[MiniB]

How about.....

The Claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to be able to transfer liability for the event from the driver at the time to the keeper.
The Claimant has also failed to establish authority to operate on the relevant land.

10: "With reference to a similar County Court case No: 3JD08399........"

Is this to replace paragraph 10?

10:The Claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to be able to transfer liability for the event from the driver at the time to the keeper.
The Claimant has also failed to establish authority to operate on the relevant land.
With reference to a similar Case No: 3JD08399 the Judge dismissed the Claim.

so it should look like this?

I really need to send it off today.

[charitynjw]

Is this to replace paragraph 10?

10:The Claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to be able to transfer liability for the event from the driver at the time to the keeper.
The Claimant has also failed to establish authority to operate on the relevant land.
With reference to a similar Case No: 3JD08399 the Judge dismissed the Claim.

so it should look like this?

I really need to send it off today.

No,
If it were me, I'd add the bit about failing to establish authority on the top (ie your post #40), & adapt para 10.