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ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to fatigue

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Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to fatigue
Reply #30 on:
#31
No problem.

We can help you with a short and sweet defence once you get back.

@InterCity125 I'm now back so would appreciate some help with that "short and sweet defence" please. I need to respond by tomorrow (9 September) so I hope it's not too short notice. Thanks in advance!

Your defence needs to be more specific on why the NtK fails to meet the requirements of PoFA 2012, for example.

@jfollows @b789 @ixxy my defence is due today (9.9.26) so I'm wondering if any of you have time to help me with this please.

So far I've drafted this, which I've taken from the court order that was shared previously. However, from @jfollows comment above, I'm wondering if I need to go into more detail:

"The Claimant has pursued the Defendant as keeper, not driver, and the Claimant's Notice to Keeper does not include the invitation to pay required by POFA paragraph 9(2)(e).

I therefore request that the claim is dismissed."

Many thanks in advance for your time!
Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to fatigue
Reply #31 on:
#32
Defence.

1. I am the named Defendant in this case.

2. It is acknowledged that I was the Registered Keeper of the vehicle at the material time.

3. That I deny that any money is owed by myself to the Claimant.

4. That the Claimant does not know who was driving the vehicle at the material time.

5. That there is no legal requirement for a vehicle keeper to provide driver details in a contractual dispute such as this one.

6. That I am not prepared to reveal the drivers details under any circumstance since the law does not require it - (VCS Ltd v Edward)

7. That the Claimant is, in the alternative, attempting to pursue me on the grounds of 'keeper liability' under the terms of Protection of Freedoms Act 2012 (POFA).

8. However, in this instance, the Claimant's Notice to Keeper (NtK) does not meet the statutory requirements set out in POFA Schedule 4 Paragraph 9(2).

9. That, in particular, the Claimant's NtK does not meet the requirements of Schedule 4 Paragraph 9(2)(e)(i) since the NtK does not 'invite the keeper to pay the unpaid parking charges'.

10. That a previous County Court Case has already found that the Claimant's NtK did not meet the above requirements and, as such, the Claimant is aware that their NtK is not POFA compliant.

11. That, subsequent to their defeat in the aforementioned case, the Claimant altered the pro-forma wording on their NtK in an effort to make it POFA complaint and, as such, their behaviour in that respect appears to demonstrate that they accept that their previous notices were not complaint.

12. That the Claimant's pro-forma NtK in this case is an NtK which pre-dates the re-worded NtK and is, therefore, clearly not POFA complaint.

13. That keeper liability can not therefore occur in this case.

14. That, therefore, there is not legal route to liability in relation to the alleged debt.

15. That liability for the debt is therefore denied in its entirety.


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