Court claim procedure

[Vickioli]

Hi, sorry to sound repetitive but...

The driver got a parking ticket in the post. The driver remembers the date and time and is sure they bought a ticket. They don't have the ticket anymore but they're sure they had one. Maybe they didn't buy enough time but they definitely bought one. The driver went online and followed the advice to ignore it. All the letters received have been kept but ignored until a court claim was received from BW legal. This site was found and all the advice was followed. The claim has been acknowledged online, A SAR request was sent to the DVLA and to the parking company. They responded with a copy of the original fine. A request has been sent for a copy of the PDT, of payments made that day.

Do I send a SAR request to BWL as well? Any advice is very welcome. Thank you.

[ostell]

Ignore has not been the advice for some 7 years.

So can you post up a redacted copy of the PCN on here please, but leave the dates.

[Vickioli]

Thanks for your reply!

[ostell]

Edit your posts so that the identity of the driver cannot be inferred. Use " the driver......' etc

They have failed to comply with the requirements of POFA, http://www.legislation.gov.uk/ukpga/...dule/4/enacted, to be able to hold the keeper liable. They can continue against the driver if they know who it was.

The failures are:
Failing to deliver the NTK within 14 days, 9 (4).
Failing to give notice of keeper liability, 9 (2) (f)
Failing to give the required statement at 9 (2) (b)
Failing to give period of parking, 9 (2) (a). Moving in front of a camera cannot be parking

There may be others.

Where the signs clear? Back there and get photos , or show lack of.

Question their right to be their and holding a valid contract with the land holder

[Vickioli]

Thanks for your reply!

Do I edit my original post or just the future ones please?

How can they fail on so many points? Do they just expect the general public to not understand and then scare them in to paying?

I'€™ll go back today and take pictures of all the signs the post them.

Shall I send a letter to the landowner too?

[Vickioli]

[Vickioli]

Sorry, I can'€™t seem to post the second picture the right way round?

[Amethyst]

fixed it for you :

[Vickioli]

[Vickioli]

Oops, can't seem to turn this one either. Sorry

[Vickioli]

Please can you suggest what I put in my defence. Looks like I have a few things to go on with their current failures.

[Vickioli]

A letter came in the post today from BWLegal saying NOTICE OF PENDING COUNTY COURT JUDGMENT

It says to contact them or respond to the County Court Claim. I have responded to the County Court Claim online. Is this another scaremongering tactic?

Please can someone help me with this? I have to submit my defense by 23rd. I understand at this time of year everyone is busy as I am too so any help would be greatly appreciated

[Vickioli]

Yesterday i received a transaction print out of the parking machine that day and there's a number plate entry for the vehicle and the amount paid. The machine does not give change and the 1 hour tariff was £1.60 but the amount paid was £2. The driver therefore paid 40 pence MORE and was there for less than an hour!

Surely that's my best defense?

Please can someone reply to me as my defense is due to be submitted tomorrow and I'm unsure as how to word it. I can't find any templates that refer to parking issues. Any input is greatly appreciated, thank you.

[Vickioli]

ostell

[Amethyst]

The ticket shows the correct registration number ? and same as shown on the NTK ?

The NTK ANPR images shows entering and leaving within an hour, and your ticket copy shows you paid for an hour? What is the time on the ticket?