Another VCS and MyParkingCharge.co.uk county court proceedings, Need some assistance with defence |
Another VCS and MyParkingCharge.co.uk county court proceedings, Need some assistance with defence |
Sun, 19 May 2019 - 09:00
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#1
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Member Group: Members Posts: 49 Joined: 19 Sep 2013 Member No.: 65,334 |
Good Afternoon
VCS have now decided to issue county court proceedings against the registered keeper of an "electric scooter" parked on private land and I now require some assistance in drafting the defence. Sequence of Events A "not a parking charge notice" by myparkingcharge.co.uk, was attached to the scooter seat on 23/09/2018 On 29/11/2018 the registered keeper received a "notice to driver," claiming that the registered keeper had been identified as the driver. This was not the case. On 29/11/2018 the keeper contacted myparkingcharge.co.uk online and indicated that they were responding as the keeper and questioned them re POFA rules. Their response was "we are not relying on POFA" On 27/02/2019 Demand for payment On 14/03/2019 Final Demand 10/05/2019 issued County court claim form issued by county court business centre on behalf of VCS I have attached copies of all redacted communication A few years ago I managed to successfully defend a parking fine through POPLA. with the help of this forum and one member in particular. But this would appear to more complicated Any help would be much appreciated Many Thanks This post has been edited by themadscotsman: Sun, 19 May 2019 - 20:20 |
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Sun, 19 May 2019 - 09:00
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Sat, 10 Aug 2019 - 22:12
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#21
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Member Group: Members Posts: 49 Joined: 19 Sep 2013 Member No.: 65,334 |
VCS keep relying on "law of agency" in their witness statement, in response to my defence and deny pursuing the keeper under POFA. I just need a decent addition to my witness statement to "blow this one out of the water"
Regards |
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Sun, 11 Aug 2019 - 01:37
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#22
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Could remind the Court that, if the driver could be regarded as an agent of the keeper, Parliament would not have found it necessary to introduce specific legislation, the Protection of Freedoms Act Schedule 4, to provide a means to recover payment
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Sun, 11 Aug 2019 - 07:58
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#23
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Member Group: Members Posts: 49 Joined: 19 Sep 2013 Member No.: 65,334 |
That's great. Thank You
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Sun, 11 Aug 2019 - 08:52
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#24
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Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
In your witness statement (which is merely a record of what you did, saw etc) you can state that the driver wasn't acting on your behalf or under your instruction (assuming it's true). Later, in your skeleton argument, you argue that there is no basis in law (and VCS haven't shown any basis), and mention about parliament introducing keeper liability with POFA.
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Sun, 11 Aug 2019 - 10:18
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#25
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Member Group: Members Posts: 49 Joined: 19 Sep 2013 Member No.: 65,334 |
Thank You for your input
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