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parking eye (again) and a forthcoming court case
torontoboy45
post Thu, 19 Sep 2013 - 08:13
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without giving too much away:

background:

I borrowed a friend's car and parked up in a retail park that - until recently - was free to use.

PE now manage the park and levies a charge. I admit to having not noticed the new signage. I parked for 20 mins

RK received PE's demand for £XXX but didn't inform me until it was too late to use POPLA. my friend wrote to PE via snail mail to inform that I was the driver. unfortunately my friend did not send by recorded delivery.

I emailed the landowner, explaining the circs and pointing out that I used his outlet for purchases. no response.

RK recieves court papers but no LBCCA.

I completed the AOS, naming myself as driver. I have a few days in which to file a written defence, using form N9B.

I've noticed that PE have become quite litigous in recent months, so I'm expecting this to go all the way.

so, please: can anyone help me with a skeleton defence? I'm clear that PE's charge amounts to a penalty and that PE's 'demonstration of loss' can only amount to the parking fee. but I have a feeling I'm going to need more than that.

as an aside: does anyone here have a rough idea of how successful PE has been in winning defended cases in the past 12 months?

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post Thu, 19 Sep 2013 - 08:13
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Jlc
post Thu, 19 Sep 2013 - 08:33
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One option is for the RK to defend the claim under the basis that the PoFA conditions have not been met to pursue the RK. (That is they supplied drivers details prior to proceedings)

PE might claim that the RK is 'liable' if the driver is not named within 28 days but this is not statute. I would press to get the claim abandoned and at least reset to NtD where POPLA will become available again for sure. (The RK could push for POPLA and some courts are staying cases to be referred there)


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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torontoboy45
post Thu, 19 Sep 2013 - 09:33
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QUOTE (Jlc @ Thu, 19 Sep 2013 - 09:33) *
One option is for the RK to defend the claim under the basis that the PoFA conditions have not been met to pursue the RK. (That is they supplied drivers details prior to proceedings)

PE might claim that the RK is 'liable' if the driver is not named within 28 days but this is not statute. I would press to get the claim abandoned and at least reset to NtD where POPLA will become available again for sure. (The RK could push for POPLA and some courts are staying cases to be referred there)


thanks for the quick response. I'm liking the idea of calling for an abandonment and resetting to POPLA but would the court, now papers have been served?

you'll have to overlook my general ignorance on legal matters; I've never seen the inside of a court, let alone naming myself as defendant!
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Fluffykins
post Thu, 19 Sep 2013 - 14:43
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Is there a way you can check the local authority planning permission for the retail park? This may have included a condition that parking was to be free.
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Jlc
post Thu, 19 Sep 2013 - 14:55
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QUOTE (torontoboy45 @ Thu, 19 Sep 2013 - 10:33) *
thanks for the quick response. I'm liking the idea of calling for an abandonment and resetting to POPLA but would the court, now papers have been served?

If the conditions for Schedule 4 have not be met then the claim should fail. The RK would have to point out that the driver was named prior to proceedings and therefore the claimant has no case.

QUOTE (Protection of Freedom)
Conditions that must be met for purposes of paragraph 4

5(1)The first condition is that the creditor—

(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.


...the key is whether they (or the court) accept this. Providing some 'evidence' of providing the details would assist.


It should also be added that because of this a 'Notice to Driver' should be issued and that is what the PPC should do here.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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