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Newcastle upon Tyne Court - VCS/BWLegal v me, PCN March 2012 - Case dismissed August 2018
Persephone
post Mon, 20 Aug 2018 - 20:08
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After nearly six and a half years this fiasco is over.
Long version can be found here:
http://forums.pepipoo.com/index.php?showto...p;#entry1409668

Short version.
In March 2012 my car was parked in the Percy Car Park, Newcastle upon Tyne. The driver was 12 minutes late back and got a PCN for £120 which I never saw.
I was in Basingstoke. I had evidence of a hotel booking and a credit card statement showing payment for the room.

April 2012 received Notice to Owner from VCS.
May 2012 received Final Demand Notice from VCS. Both of these clearly stated that liability lay with the driver.
Fours years of nothing.
July/August 2016 VCS and BW Legal letters to which I responded. I was not the driver.
One and a half years of nothing.
29th January 2018 received a County Court Claim Form.
Between then and 17th August 2018 there was a flurry of activity. With much assistance from Pepipoo forum members I prepared
a Defence, a Witness Statement and a Skeleton Argument.

This all paid off in Court on Friday 17th August:

Judge
1. (no evidence of) Authority - cannot enforce
2. Before POFA. Although proceedings began January 2018, Claimant should have complied with the relevant law.
3. Defendant did not park - no contract.
4. Photographic evidence needs to show relevant information.
This Claim is dismissed.

I asked for costs on the day, taxi fare of £9.40, and for unreasonable behaviour as shown on Schedule in my Costs Application. The judge said that although I might find the behaviour unreasonable, it wasn’t legally unreasonable. These claims are filed on an industrial scale.
I hadn’t lost pay but the Judge awarded costs of £95 and £20 for taxi fares - £115 to be paid within 21 days. (This covers my receipted costs and my fares so I am not financially out of pocket.)

Thank you PEPIPOO!

This post has been edited by Persephone: Tue, 21 Aug 2018 - 06:57
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post Mon, 20 Aug 2018 - 20:08
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The Rookie
post Wed, 22 Aug 2018 - 14:47
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Well done.

To be fair I think the only way to get an unreasonable to stick is to provide evidence to them in advance such that no reasonable person could believe the case was valid, so your evidence of being elsewhere plus a signed and witnessed statement. otherwise they can hold a reasonable belief you may still have been the driver.


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Persephone
post Tue, 28 Aug 2018 - 19:38
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QUOTE (Persephone @ Mon, 20 Aug 2018 - 21:08) *
After nearly six and a half years this fiasco is over.

Judge
1. (no evidence of) Authority - cannot enforce
2. Before POFA. Although proceedings began January 2018, Claimant should have complied with the relevant law.
3. Defendant did not park - no contract.
4. Photographic evidence needs to show relevant information.
This Claim is dismissed.

I asked for costs on the day, taxi fare of £9.40, and for unreasonable behaviour as shown on Schedule in my Costs Application. The judge said that although I might find the behaviour unreasonable, it wasn’t legally unreasonable. These claims are filed on an industrial scale.
I hadn’t lost pay but the Judge awarded costs of £95 and £20 for taxi fares - £115 to be paid within 21 days. (This covers my receipted costs and my fares so I am not financially out of pocket.)

Thank you PEPIPOO!


EDIT:
Point 2. Before POFA. Although proceedings began January 2018, Claimant should have complied with the relevant law.

My apologies. I’ve just been going over this with my McKenzie Friend who was present at the hearing.
He reminded me that Judge Ord was trying to clarify that the relevant law has to be applied.
Although the Claim was filed in 2018, the alleged contravention took place in March 2012. POFA was not enacted until 31st October 2013.

What we understood was that any contraventions before 31st October 2013 could be considered pre-POFA.
It was the delay between Royal Assent & Enactment that he was emphasising.
This could be important for anyone whose 6 years is up in October 2019.

Hope I’ve not muddied the waters further.
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nigelbb
post Tue, 2 Oct 2018 - 12:41
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Member No.: 60,602



QUOTE (Persephone @ Tue, 28 Aug 2018 - 20:38) *
QUOTE (Persephone @ Mon, 20 Aug 2018 - 21:08) *
After nearly six and a half years this fiasco is over.

Judge
1. (no evidence of) Authority - cannot enforce
2. Before POFA. Although proceedings began January 2018, Claimant should have complied with the relevant law.
3. Defendant did not park - no contract.
4. Photographic evidence needs to show relevant information.
This Claim is dismissed.

I asked for costs on the day, taxi fare of £9.40, and for unreasonable behaviour as shown on Schedule in my Costs Application. The judge said that although I might find the behaviour unreasonable, it wasn’t legally unreasonable. These claims are filed on an industrial scale.
I hadn’t lost pay but the Judge awarded costs of £95 and £20 for taxi fares - £115 to be paid within 21 days. (This covers my receipted costs and my fares so I am not financially out of pocket.)

Thank you PEPIPOO!


EDIT:
Point 2. Before POFA. Although proceedings began January 2018, Claimant should have complied with the relevant law.

My apologies. I’ve just been going over this with my McKenzie Friend who was present at the hearing.
He reminded me that Judge Ord was trying to clarify that the relevant law has to be applied.
Although the Claim was filed in 2018, the alleged contravention took place in March 2012. POFA was not enacted until 31st October 2013.

What we understood was that any contraventions before 31st October 2013 could be considered pre-POFA.
It was the delay between Royal Assent & Enactment that he was emphasising.
This could be important for anyone whose 6 years is up in October 2019.

Hope I’ve not muddied the waters further.

I'm afraid that you have.

Section 56 and Schedule 4 of the Protection of Freedoms Act 2012 became law on 1st October 2012.

There is no keeper liability for parking charges incurred by the driver for a parking event prior to 1st October 2012.


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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