2 X Parking charges

[Lopher]

Hi everyone!

I'm new here and would really appreciate some advice.

So as the registered keeper I was issued with 2 parking charge notice's both in Jan 22 by Vehicle Control Services Ltd both about a week apart for the same car park.

In both cases these were automated (sent in the post NO notification to driver NO ticket in window).

The first PCN was sent with an issue date 18 days after the contravention date. The second was sent with an issue date 16 days after the contravention date to myself as the registered keeper. So both these PCN's would be outside the 14 day POFA requirement.

Im not a legal expert but some googling told me as the registered keeper of the vehicle I could not automatically be pursued in court.

I have completely ignored the many letters I have received from Vehicle Control Services Ltd so have not identified who the driver is.

The second ticket I received (only 2 letters sent) and I havent heard anything from since the beginning of March but with the first ticket i've received:

First letter - Parking charge notice (PCN) Notice to Keeper (NTK)
Second letter - PCN Final reminder
Third - Demand for payment
Fourth - Final demand
Fifth - Letter before claim.

This latest fifth letter I've received states 'Despite our best endeveavours to recover payments it has proved unsuccesssful, and as such, we have no alternative but to commence legal proceedings against you.'

Reading the advice here on the forums here perhaps I should have disputed these parking charges officially however I chose to not respond.

It seems like they are going to send this to court, what do you guys think? What should I do?

Lopher

[ostell]

So you should not have ignored.

respond to the Letter before Cliam telling them that there can be no liability as they failed to comply with the requirements of POFA

Next step is a claim form from the court

[Lopher]

Hi thanks for the reply.

So I sent them a very brief letter stating that they haven't followed POFA 2012 and therefore they cannot transfer liability for the alleged charge from the driver at the time to me the keeper.

They have responded by saying that unless I provide them with details of who the driver was, we can pursue you liable for the charge. And also that I have a week and then they will continue with their action.

Please advise,

Thanks

Lopher

[des8]

So they lie!

Repeat that they must realise they cannot hold the registered keeper liable as they failed to comply with POFA, and tell them that knowing that it could be deemed unreasonable behaviour to initiate county court claim and if they continue with the proposed action you will claim your costs

You will have to defend the claim when it arrives,

[Lopher]

Hi everyone,

So I've received this court claim form in the post.

Could you please advise me on filling it in.

Thanks

[Lopher]

Can anyone help?

[des8]

sorry,missed your earlier post, but if you need advice you will have to post up the particulars of claim as they appear on the claim form

[Lopher]

Particulars of claim:

The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendant's vehicle XXXXXX was identified in the XXXXX parking centre on XXXXX in breach of the advertised terms and conditions; namely parked for longer than the maximum period permitted. At all material times the defendant was the registered keeper and/or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specificaally detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued and the defendant has failed to settle the outstanding liability. the claimant seeks recovery of the parking charge notice, contractual costs and interest.

[des8]

Here is an example of a claim form https://legalbeagles.info/library/gu...-court-claims/

It is for Consumer Credit claims, but will give you an idea of the format and what needs to be included.
If you look through the forum on parking you'll find examples of different defences https://legalbeagles.info/forums/for...charge-notices

I'm suggesting you do this and write your own defence, which can be tweaked if you post it up here.
That will ensure you understand your defence if it ever gets as far as a hearing.

When writing your defence keep in mind time limits by which it has to be filed & served.
Also keep an eye on the court procedure Rules especially part 16 (https://www.justice.gov.uk/courts/pr...l/rules/part16), including the bits which may show non compliance on the part of the claimant.

[Lopher]

My defence is that they didnt send the ticket within 14 days as the offence date to issue date were beyond this.

Therefore they havent used pofa so the registered keeper is not automatically held liable for the charge and the registered keeper is not legally responsible to name the driver. They cant assume the registered keeper is the driver.

This is correct yes?

And how does one word such a defence?

[des8]

wrong thread sorry

[des8]

You ned to respond completely to the claimas per the suggested links.

Regarding your point you will need to point out the claimant is unaware of the driver's identity.
There is no legal requirement for you to provide this.
You note that Parking Charges may be recovered from the registered keeper as set out in Schedule 4 of the Protection of freedom Act 2012, but the claimant has not complied with the strict regulations set out therein.

Write the complete defence and then post it up so others can comment