Court claim form for parking charge notice

[Holiday125]

I have the documents now from the SAR request to the parking company .. should I upload redacted copies for any advice ?*

[Holiday125]

These are the notice of keeper copies they have sent a copy of the original PCN and photos of the vehicle if any of these would be helpful please let me know*

[ostell]

The only POFA non compliance that I can find is no period of parking, 8 (2) (a), no creditor identified, 8 (2) (h) and I'm not to happy about the wording of the keeper warning ,8 (2) (f).

I would also query the location of parking, it is not specific enough, and the reason for issue. What is a restricted area, can you get photos of the signs please.

[Holiday125]

Thank you so much for you help these are the pictures I have of the signs

[Holiday125]

[Holiday125]

Thank you so much ,Should I wright to them now and query these issues ?*

[Holiday125]

Would these non compliance issues to the POFA be enough to defend my case in court ? Also do you need more photos of the area and signs or is this sufficient ? Should I be doing anything now ? Many thanks again*

[ostell]

Whichever way you want

[Holiday125]

Do I write back to the parking company now to address The*non compliance issues to the POFA ? Is this enough to start a defence so you believe ?*

[Holiday125]

Would it be possible to get some help worth wording my defence as im very conscious of the time limit to reply to the court ? Many thanks as ever*

[Holiday125]

Do I also have no standing as the keeper was not the driver ?*

[ostell]

The sign is a forbidding sign in that it is saying no parking at any time and therefore to suggest a contract exists to do the very thing that is forbidden is perverse.

Here is a sample of text about this, albeit talking about permits.

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

[Holiday125]

Thank you so much again for or your help !!!*

[Holiday125]

Would this be ok to file as the defence or is it Terrible ?
I am XXXX the keeper of vehicle XXXX at the time in question ). I was not the driver of the vehicle.*

I deny I am liable for the entirety of the claim on the following grounds :

The Notice to keeper I received did not comply with the POFA 2012 section 4 due to the following:
There is no period of parking or time of issue of PCN 8 (2) (a) , there is no creditor identified ,8 (2) (h) the wording of the keeper warning is unclear 8 (2) (f).

The location of parking is also very unclear , the ‘restricted area’ is not clearly marked . I have photographed other vehicles parked in the same manor at the same time at the opposite end of Truesdales ,with no PCN issued . The restricted area appears to refer to Kenmare close and not to Truesdales close where the vehicle was parked the location of the signs are in the Kenmare location alone and not in the close . The ‘restricted’ area is not clear .

The signage is of a “forbidding” nature. It does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.
*

[Holiday125]

Also should I include redacted photos of the other vehicles parked ? Thank you*