Injustice vehicle parking service

[Pam Soko]

Hallo

I called the mediation office to agree a time and date and they asked what will i be offering and I said £25 and they said then my case is not suitable for mediation as the claimant is claiming £185 and thats not proportionate. I said that shld cover the cost of the parking (that i am not responsible for) and unnecessary costs that have been caused.

I have asked till friday to have a think before they send it back to court.

Where do I stand with this.

Please help.

[ostell]

The mediator is supposed to be impartial and not comment on the case!

They may be claiming £185 in the hope that you chicken out but in reality if you win then they would have been better off accepting £25 as their legal costs would result in a loss for them even if you lose.

[Pam Soko]

Hallo


Thank you for your ongoing support on this. I now have a date for the mediation on Tuesday and i am planning to initially offer £25 max,
do you have any tips on how i can peesent my argument as i am nervous about all this.
Is it wise to suggest stick to i wasnt the driver, the notive to keeper came way after the 14days and am not liable under POFA.

Please advise, hope im making sense

Thank you

[Pam Soko]

Hallo again


So the mediation has gone ahead and they initially invited me to £145 and i declined and offered £10 to cover their costs. They declined and asked that i pay £100 which i declined and offered £25. I explained they have not complied with pofa and she said they are not relying on pofa but on Law of Agency if I havent provided driver details then i am liable.
the mediator then said they will not accept £25 their final is £100 and i declined. So she said she will send the case back to court for a hearing, mediation ended.

Please advise on my next steps please.


Thank you again.

[ostell]

As a consumer Law of Avency is irrelevant, they were trying to bamboozle you.

just wait to hear from the court again but in the meantime start preparing your witness statement

[Pam Soko]

Hello again,*

I have been trying to put the witness statement together* but struggling as I have not found anything to say I was not in that area at that time or date, or anything else to support I was not the driver and I can not give them the details of who the driver was as that is not my responsibility.

Would images from google maps be acceptable? I have some images I went to take of the site after receiving the Notice to keeper which shows a sign that is far away from entrance and exit. The photos I took, there were no signage at all on the site, so I am confused. Would Court require the date of when the pictures were taken as I also have pictures from before the contravention happened that a colleague took and there were clearly no signs.

One of the defence is that the signage was installed after the driver parked the car which could not have formed any contract as there were no signs when the driver parked.*

Do I need to include anything on my WS to request the Court to allow me to provide an added statement after receiving the Claimant's WS I am the Litigant in person.

Thank you* again for your help.

I will post my draft witness statement.

Thank you

[luxardo]

You have been getting some excellent information from Ostell, but you can't see the wood for the trees !!
Is that photo you posted earlier the only thing they stuck on your windscreen ?
If so then they did not put a POFA compliant notice to driver on your windscreen and they failed to send you one within 14 days.
That is the only defence you need, it's a showstopper, game over, they lose.

Here is your witness statement :-

Claimant did not attach notice to driver to vehicle which was compliant with POFA.
Claimant failed to provide same to defendant within 14 days, contrary to POFA.
Defendant respectfully requests case be dismissed on grounds of non compliance

You can pad this out and include the relevant sections from POFA (it's in schedule 4 somewhere) if you wish.

[ostell]

And don't forget to mention the lack of signs and therefore no contract created with the driver

As you said you, the keeper, went to check the signs after receiving the NTK.

Post for critique before you send.

[Pam Soko]

Thank you all I am drafting the WS and will post back, Monday for advice.* I just received their WS as well.Thank you your advice is valuable.

[Pam Soko]

Good Evening

Please find attached my draft witness statement.*

I am really sorry it seems long winded and difficult to read, hope I am making sense. Your advise/support will be greatly appreciated.

Evidence of documents I wish to include.
Photos from before the signage was put on and the photos after.
Letters I have send to the Claimant asking for information and clarification of details.
Cover Letter to both Court and Claimant
*
Their WS *points the following:
*
They quote ParkingEye vs Beavis 2015 UKSC 67 – stating they are entitled to recover the costs
1)They are not relying on PoFA stating they had to request keeper details from DVLA, and I have not provided Driver details therefore they assume Liability on Keeper. ‘The Defendant’s failure to act upon each notice addressed to them by putting forward their position or transferring liability, the Claimant is able to pursue the registered keeper as confirmed by DVLA’ is this the case?
2)Their claim is based on there was breach of contract as they believe my defence is on signage rather than PoFA despite my Defence stating their failure to comply with PoFA.
Will they be allowed to provide any new information or rely on the information they have already provided.

*

[luxardo]

10 is all you need. They didn't send you the notice within 14 days, that's all you need.
Looks like the rest you have cut and pasted from some templates, bad ones as well, as most of it is inaccurate.

[Pam Soko]

Thank you Luxado, not sure if you have seen the defence that I had put in initially, I had included information about the signs at the location as advised by the driver on the day and they have basically used that in their witness statement stating there were clear signs.*

Do I just stick to 10 and leave the rest.*

Thank you

[luxardo]

It can't hurt to add that there were other improprieties including lack of proper signage but if they didn't send you the notice to driver within 14 days they just have no case.
In fact I'd tell them this in writing and also inform them that if they go ahead with a claim which has no basis or possibility of success and they have been informed as such then you will claim expenses and costs from them on those grounds.

[Pam Soko]

Hallo again

Thank you for your valued advise.*

Please find attached revised witness statement, I will be grateful for any advise and critic. Do I need to provide copies of the case law quoted and the POFA 2012 Legislation.*

I am thinking of including the following documents:

1 - Cover Letter

2- Defence copy

3 - witness statement*

4 - photos of the location.

5 - letters that I send to them

6 - Appeal letter

7 - Letter received from them dismissing the appeal

Kind Regards*

[luxardo]

Looks like you have used a few templates and poor ones as well, cobbled together, it's a lot of waffle which is outdated, disjointed and makes no sense, also the 14 days are up on the 13th not the 12th.
Attach copies of the notice they put on your windscreen, the NTK they sent showing the date it was sent and the photos of signage.
Keep these things simple and use this :-

1. I XXXXXXXXX am the Defendant in this matter.

2. The Defendant was the registered keeper of the vehicle xxxx xxx at the time of the alleged contravention.

3. No notice to driver, compliant with Protection of Freedoms Act (POFA) 2012 was ever issued. A notice was attached on the windscreen of the vehicle at the time of the alleged contravention but it was not compliant with the act.

4. Given (3) above, in order to proceed with a claim against either driver or keeper a notice (compliant with Protection of Freedoms Act (POFA) 2012) to keeper must be served to the keeper within 14 days.

5. The date of the alleged contravention was 29/11/2018; to comply with the Act the latest date of which the Notice to Keeper should have been received was 13/12/2018. This was received by Defendant on 08/01/2019.
Therefore the Claimant failed to comply with the procedural requirements of Protection of Freedoms Act (POFA) 2012.

Furthermore


6. The Defendant has since visited the Location to understand the Claimant’s claim since receiving the Notice to Keeper. The Defendant visited the location on 27/01/2019 and obtained photographs of the location prior to the date of the alleged contravention.

7. The defendant considers the signage to be inadequate because GIVE REASONS

8. The Defendant invites the court to strike out the claim for the above grounds.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.