no stopping enforcement

[ostell]

Load on a hosting site such as imgur and put a link to it on here

[potros85]

[potros85]

Think I've done it password is username. Thank you

[ostell]

Upload to a hosting site and put the link on here

[potros85]

The link is above on gofile it will ask for a password which is potros

[ostell]

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability in the format prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

Additionally your signs are forbidding in that they are not offering a contract and without a contract there can be no breach.* Any sum claimed would be a penalty or fine which is outwith your authority.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


They used issue date rather than given.
*

[potros85]

So that would be the keeper that needs to send that rather then the driver? The keep has had no contact with them but the driver has when they appealed and all further correspondence has been sent to the driver since not the keeper. The driver is the one that has received the letter before claim and the driver is the one that has denied the debt and requested a SAR. Sorry for go all the questions it's a mind field but appreciate the hel0.

[ostell]

OK if they are claiming against the known driver then there is nothing really can be done but find reasons why the contract is not enforceable.

Indeed there is no contract as the signs did not offer one and without a contract there can be no breach or charge. The proper claimant is the landowner for trespass. They are trying to claim a penalty, which is not allowed.


Have you found out if that section of road is adopted?*
*

[potros85]

The local authorities and highways say that the section where the driver stopped is private. They went out to visit the site as there was confusion with the registery and where the adapted road and responsibilities ended. Some documents showed it was at the end of the bulding where the travel lodge is some showed it was where the yellow lines ended. They deemed it to be private from where the yellow lines end which would mean the driver stopped on private land. The driver has their arguments points somewhat ready they are just unsure if to argue them directly with the company now using the forms that was sent in the letter before claim or if to wait to get the court order through and present their arguments to the judge. The driver needed clarification that a private company can not enforce a no stopping rule as they didnt want to use that as part of the argument if they can enforce it.

[ostell]

They can only charge for a breach of a parking contract but that sign is not offering a contract to park so they are charging a penalty, which is not allowed.* The only claim would be by the landowner for trespass.

If you have paperwork suggesting* that it is public land then present that to them now.* Courts do not like surprises
*

[potros85]

Hi thank you (sorry I thought I had replied to the last comment.) So an update is the SAR request came back 3 days ago which did not include all the information that was requested. A letter was wrote back to the company with the intention to post today requesting the rest of the information and reasonings as to why the claim is not payable however court papers have now been sent before the letter has been sent. Is there any advice on how to deal with this? Im struggling to navigate around the forums but is there any help and advice on how to compile a defence for the courts. And are they in breach with serving court papers 3 days after sending the SAR information?
thank you

[ostell]

So you acknowledge the claim using the details and password on the form.* Do this 5 days after the date of issue and thus gives you 33 days to get your defence to the court.* Nothing in the defence at the moment

Your defence will be no contract offered and therefore no breach and trespass claim by landowner is the only valid claim

You must get a definitive ruling on that question of ownership

No indication that stopping was not permitted*



*

[potros85]

Thank you thats been done and will sort the defence out wpuld it be ok to post it here to have someone look over it please?
looked in to ownership and half the road is adopted half is private it could be the car is on half and half of each section of the road. However the sign that is placed doesn't have planning permission it's also on the adopted road section for a good 100 plus metres before the private section starts and alot of the sign is covered with over grown shrubs would it be to complicated to argue both points as in for points for both private and public roads? The court papers that have come also doesn't state if they are pursuing the register keeper or driver it's states both as in registered keeper/driver are they allowed to do that or are they ment to state who they are pursuing? Sorry for all the questions,
thank you for all your help so far.