Help with First Parking Claim please!

[CubeKramer]

ok des8 - thank you so much - that makes total sense! Im drafting it now!

[CubeKramer]

One thing Im confused about is isnt it obvious I was 'the driver'. If the Judge asks me direct questions - I'll have to admit to being the driver wont I?
So is this better?
3.The driver works at WMUH hospital. On the date in question the driver had to wait for the cashier’s office to open to buy a scratch card (between 10am-12.30pm and 2-4pm). £2.50 was paid for a valid scratch-card that day and it was displayed as soon as it was obtained.

I still have the valid scratch card - its in my glove compartment luckily.

The trespassing defence is great thanks.

[des8]

Purchasing a scratch card after the event is not a defence.
If it was no one would buy a scratch card until they had received a parking ticket in the hope it would not be necessary.
No matter how unfair you feel it is, doing something after the event doesn't put it right!

The judge should not be asking if you were the driver.
That is for the claimant to prove on the balance of probabilities.
It should not be assumed that the keeper was the driver solely because the driver has bot been identified

[CubeKramer]

Thanks des8 - your advice is much appreciated.

One thing Im confused about is - isnt it obvious I am the driver. If the Judge asks me direct questions I would have to admit it.

So this is better for para 3:
The driver works at WMUH. On the date in question the driver had to wait for the cashier’s office to open to buy a scratch card (between 10am-12.30pm and 2-4pm). £2.50 was paid for a valid scratch-card that day and it was displayed as soon as it was obtained.


The signage doesn't comply with the BPA Approved Operator Scheme Code of Practice - so wouldn't that be one argument as well? (no signage at entrance / signs not visible throughout the site).


The trespassing argument is great - thank you.

[CubeKramer]

sorry des8 I thought the above wasnt posted - so retyped it again

[CubeKramer]

re the scratch card - yes thank you - which is why I thought I didnt have a case

[CubeKramer]

There was an agreement with the hospital that no tickets would be issued until 2pm - to give people a chance to buy a scratch card - cant find it in writing now though

[CubeKramer]

so it this any better ?

3. The Claimant has failed to comply with the conditions required by POFA 2012 to transfer liability for any unpaid charge from driver to registered keeper.
POFA 2012 sch4 (2) (a) requires the notice to keeper specifies the period of parking to which the notice applies.
The notice only states a time (viz 10.23) and that is not a period
therefore the claimant cannot transfer liability to the keeper for any unpaid charges.

4. The driver works at West Middlesex University hospital. On the date in question, the driver waited for the cashier’s office to open to buy a scratch card (between 10am-12.30pm and 2-4pm). A valid scratch-card was displayed soon after it was obtained. At that time hospital management agreed no PCNs were to be issued until 2pm as staff clinical commitments clashed with the cashiers opening hours.

5. The on-site signage states "Permit Holders Only" therefore if a non permit holder parks the driver is trespassing. There is no offer for a non-permit holder to park there and it is not possible to contract to do something which is forbidden. No breach of contract has occurred in this case.

Thanks for all your help! Law is very complex to the inexperienced!

[CubeKramer]

Hi - sorry des8 - one last thing - I'm not sure I can use the trespassing argument. I don't have a physical permit - but a barrier opens to my number plate - so I have a virtual permit (when I first started I applied for it).

[des8]

quote: " At that time hospital management agreed no PCNs were to be issued until 2pm as staff clinical commitments clashed with the cashiers opening hours".

Do you have that in writing?
So contrary to what the scratch seller told you, the hospital management do have some authority, so complain directly to them and bypass the fag smoking seller

Why not keep the trespassing argument in? Let them find the answer to it.

Remember though that this is your defence and you need to be happy with it.

[CubeKramer]

OK great.
I trying to find where it was in writing and I'll try and chat to management as well. However I want to get a defence in in case something goes wrong!

[des8]

you do have until 6th November to file your defence, so don't rush it!

[CubeKramer]

Hi Des8, I didn't realise you have provided some draft defences (thankyou !) . I have used / amended one of these (attached) - but am a bit confused as what to write in the liability as driver of vehicle section. As I work there does the signage argument become irrelevant because I should be aware of the 'contract'?

[CubeKramer]

sorry - i also have to ammend my paragraph numbering to go with my poc

[des8]

The fact you work there is neither here nor there.
It is possible that someone else was driving your car that day.
The claimant needs to show on the balance f probabilities that the defendant was the driver, but he has shown no proof of that.
From the fact that you have refused to name the driver the claimant (and court) should not assume that you were the driver 9but you can never tell on the small claims track!0