Originally posted by charitynjw
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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 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.
6: The defendant was not the driver at the time of the alleged contravention.
7: 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.
8: 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.
9: 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.
10: The above Listed Failures of the Claimant and the following statements conclude that I should not be held liable for this claim:
11: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
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