Injustice vehicle parking service

[Pam Soko]

Vehicle Parking Service issued me a County Court Claim of £185 on 17/7/19 and I responded that i wish to defend the claim. I wish to defend this as there was no parking restrictions when i parked at an old play centre, they put the restrction signs after i parked and put the PCN.
i did the first appeal put the evidence that there was no restrictions and quoting pofa as the NTK came over 30days later but they disallowed it,

I stated in my appeal i did not wish to have any further correspindance with them and i have since moved address where they have been sending letters i presume.

Please could anyone help construct my defence.

Also my main worry is getting a CCJ if i lost as i am in the process of buying a house.

I would pay the £185 to avoid risking a ccj but i hate the injustice of it all.

One of the girls i work with responded to the letter disallowing the appeal and they wrote back saying they cancelled it. We were parked in the same place same day.

Please help as i feel they shouldnt be allowed to do this

[ostell]

If there was no notice on the windscreen and the notice was received after 14 then they have no case, unless the driver has been identified

Check out POFA http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Of particular relevance is para 8 if a windscreen ticket otherwise 9

[ostell]

CCJ only if you lose AND you do not pay within a month

[Pam Soko]

Thank you for the info, i appealled and didnt name the driver and stated that I will not have any further communication with them. One of the reasons for my appeal was the NTK came a month later and they refused the appeal. I ignored all the letters that followed after that until i received this. So if the notice was on the screen do i not have a case.
i have picture of the place before they put the signs up.

[ostell]

Was there a windscreen ticket ?

So your photo will show that there were no signs in place and therefore there could not have been any breach of contract. Have you still got that NTK ?

[Pam Soko]

Hi
yes the notice was on the screen with just the xar details not my name. NTK came over a month later and i appealed but they dismissed it.

No I dont have the NTK anymore

[ostell]

With a notice on the windscreen they have to issue the Notice to Keeper between days 28 and 56, which it looks as though they did.

Of course the windscreen notice didn't have your name, they didn't know who the driver was !! They contacted the DVLA to get the keepers details.

[Pam Soko]

Good morning

I filed my defence before I went on holiday and I have returned to find a court response advising that the claimant and I need to seek mediation to avoid hearing and further costs.

the case has been reffered for court tracking and i have to submit my responds by friday.

Please help I am now worried that i have no case as said above that if the notice was on windscreen they have upto 56days to write to keeper.

Your advise will be greatly appreciated.

xxx

[ostell]

It looks as though you have a directions questionaire. Complete the form and return to the court with a copy to the solicitors acting for the parking company. You could agree to mediation if you were willing to offer them, say, £25 to make it go away. It is on the small claims track within the court system.

have you got photos of the lack of signs and details of the current signs?

so post a redacted copy of your defence

[Pam Soko]

Thanks for your responds Ostello.
I have attached the redacted defence and copies of the before and after signage.

[ostell]

That windscreen ticket is NOT a notice to driver, as required by POFA and therefore the relevant period is 14 days, which the have missed. When you mention POFA fails then spell them out specifically. Failure to deliver within the relevant period is 9 (4).

5 is not a defence, it is your feelings

Similarly 11. Parts are your feelings not a defence.

11 & 12 are both hinting that the defendant could have been the driver. If that was the case then any POFA arguments are no longer relevant

[Pam Soko]

Thank you Ostell, i submitted that defence unfortunately hopefully it hasnt implicated my defence.

I requested mediation from court amd has sent a copy to VCS.

I hope I still have the grounds under pofa. Unfortunately I couldnt upload the before and after pics of the car park signage.

I am waiting to hear from them and court now.

Thank you

[Pam Soko]

Good morning

Court has advised mediation will be in touch to make arrangements.

Any advise on how i should respond or say when i have the mediation.

Im not sure what to accept or what to offer, or argue.


Please help and advise


Thank you again.

[ostell]

So offer £25 to make it go away, or make a drop hands offer on the basis that they gave not complied with POFA and cannot win.

[Pam Soko]

Thanks Ostell, waiting for mediation date to be confirmed.