Gladstones Court Defence re: wrong address Options

[Rybka1707]

Dear all!

I'm sorry I can't find a similar case her, but I URGENTLY need your help.

Background: the driver parked in the Waitrose car park in Burgess Hill ( owned by One Parking Solution LTD) and forgot to pay the ticket( stupid of me, but easily done). Received a note on my screen : Parking ticket will be sent to your address, which was in January 2017. Didn't get anything and completely forgot about it.

In March 2019 started getting txts and notifications about the parking ticket urgently needed to be paid by Gladstones and only then discovered that all correspondence went to my old address(moved in October 2016).

E-mailed back and acknowledged the fine, but refused to pay, as felt as it was unfair as never received an actual ticket' Never identified the driver in correspondence.

On July 17, 2019 coming back from hospital after a C-section received a court ruling against me as I failed to appear in court regarding the above ticket. No correspondence received at all. Rang the Court Clerk who was sympathetic and told me that Gladstones sent the claim and everything to my old address, knowing my new one and only changed it on the day of the court ruling.

Paid 255 pounds to set aside judgement. Had my day in court and the judge was very sympathetic:

1. The judgement set aside
2. The defendant do file and serve a defence by 4 pm on 23 September 2019
3. Costs reserved.

I have been searching the Forum, but my sleep deprived brain just cant cope and i;m not able to find anything relevant to my case.

I know my defence is that they failed to comply with notification and actual serving of parking ticket, but i don't know how to phrase it! Please please help!!!

Thank you

This post has been edited by Rybka1707: Fri, 20 Sep 2019 - 12:29

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[Sheffield Dave]

Not receiving an NtK only affects their ability to transfer liability from the driver to the keeper. The driver is still liable. If you have (possibly only implicitly) identified the driver, then that won't help you. Otherwise edit your post above to avoid hinting at the identity of the driver ("the driver parked in the Waitrose carpark" etc).

You'll want other defence points too, like potentially standing and poor signage.

[Rybka1707]

Dear Dave, thank you for your advice. I didnt indeed acknowledged to be a driver in any of the correspondence. Is there a chance I can contest it then?

[ostell]

Did you amend the details on the V5?

They have failed to deliver the Notice to Keeper within 14 days as required by Schedule 4 of The Protection of Freedoms Act 2012 and so cannot transfer liability from the driver at the time to the keeper.

Look through the NTK and see what else is missing from POFA :http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

[Sheffield Dave]

You need to do some more editing of your first post. No me/she/they etc, always "the driver".