Court claim form for parking charge notice

[ostell]

Other cars not getting a PCN is irrelevant, you don't know it could gave been afterwards

Expand POFA to "Schedule 4 of the Protection of Freedoms Act 2012"

Unclear signage. Signage did not specify the road where the vehicle parked

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[Holiday125]

I am miles Wiggins keeper of vehicle M17ESV (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 schedule 4 of the protection of freedoms Act 2012 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 . 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 . Signage unclear. Signage did not specify the road where the vehicle parked .




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.
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[Holiday125]

I have adapted it now with your help . Sorry it’s not redacted I’ve juts realised and can’t figure out how to change it ! Would this be ok as is ? Thank you again for all of your help !!*

[Holiday125]

Thank you for your help so far I have now received another letter from Gladstone’s will upload a redacted copy , would your advise be to mediate at the stage ? Or should we continue to court ? Many thanks*

[ostell]

What will you propose at mediation?* Perhaps Drop Hands?

[Holiday125]

We can do ,is that what you would advise ? Would it be easier at this stage to pay the £243 they originally asked for as they are clearly not backing down we don’t want to end up paying more *? Or do we go to court hoping the expenses puts them off ? Or mediate would we end up paying less would you think ? we really didn’t think they would take it this far !*