Free Traffic Legal Advice

Hello
The date for the filing of my defence is coming soon.
Please advise if the last defence I posted is ok to submit.
I obviously want the defence to be as robust as possible, and don't want to miss anything.
Would appreciate any further help.
Thanks

Hello

I have amended as per your last repsonse, is the following OK now, or do I need to addd anything else please.

DEFENCE

1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed.
2. My defence is that the defendant is a hirer of a car, the driver of the car was not identified, and the claimant did not follow the requirements of PoFA 2012 to transfer liability to me as the hirer.
3. In particular I would like to refer to Paragraph 13 of PoFA 2012:
13(1)This paragraph applies in the case of parking charges incurred in respect of the parking of a vehicle on relevant land if—

(a)the vehicle was at the time of parking hired to any person under a hire agreement with a vehicle-hire firm; and

(b)the keeper has been given a notice to keeper within the relevant period for the purposes of paragraph 8(4) or 9(4) (as the case may be).

(2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

(3)The statement of liability required by sub-paragraph (2)(c) must—

(a)contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer;

(b)include an address given by the hirer (whether a residential, business or other address) as one at which documents may be given to the hirer;

(and it is immaterial whether the statement mentioned in paragraph (a) relates also to other charges or penalties of any kind).
(4)A statement required by sub-paragraph (2)(a) or (c) must be in such form (if any) as may be prescribed by the appropriate national authority by regulations made by statutory instrument.

(5)The documents mentioned in sub-paragraph (2) must be given by—

(a)handing them to the creditor;

(b)leaving them at any address which is specified in the notice to keeper as an address at which documents may be given to the creditor or to which payments may be sent; or

(c)sending them by post to such an address so that they are delivered to that address within the period mentioned in that sub-paragraph.

(6)In this paragraph and paragraph 14—

(a)“hire agreement” means an agreement which—

(i)provides for a vehicle to be let to a person (“the hirer”) for a period of any duration (whether or not the period is capable of extension by agreement between the parties); and

(ii)is not a hire-purchase agreement within the meaning of the Consumer Credit Act 1974;

(b)any reference to the currency of a hire agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of any period specified in the agreement but otherwise on terms and conditions specified in it; and

(c)“vehicle-hire firm” means any person engaged in the hiring of vehicles in the course of a business.

The letter from Bankpark on 27th August states:  Enclosed with this Notice are the following copy documents.
Statement signed by the vehicle hire firm...
Hire Agreement
Statement of liability....
Notice to Keeper ...

They did not enclose any of the above, and have never sent me the correct documentation.
In light of this omission on their behalf  they should have cancelled the PCN.
4. I would also like to point out failure to pause enforcement while an appeal is outstanding; failure to issue a timely, reasoned decision with an independent appeal route; failure to run a compliant complaints process and to treat a complaint relating to a PCN as an appeal for timescales; improper debt escalation during an unresolved appeal or complaint.
5. I would also like to add that I sent BankPark numerous emails, detailing that they did not follow correct procedure and lodged an appeal stating this. I did not receive a response from them. I also complained to the IPC (International Parking Community) however they did not take any appropriate action against one of their members.

Hello
I've filed Acknowledgement of Service.
Trying to formulate a defence but the legal jargon is a bit above my head.
Could you please advise of the best wording for the defence please, as i dont want to miss anything.
Also is it right, that at no point should i divulge who the driver of the vehicle was on the day of dispute.
Many thanks

Hello
Please find Particulars of Claim:

https://ibb.co/LDfkqTmd

Hello Just to keep you in the loop, I received this today.

Thank you for your further correspondence and for providing additional evidence.

The operator has confirmed that your initial appeal was responded to with a request for further information. You subsequently provided additional material on the 29th November 2025. The operator has also confirmed that a further complaint remains outstanding and is awaiting response.

Under the IPC Code of Practice, operators are expected to deal with appeals and complaints in a timely and fair manner. Where an appeal or complaint remains under consideration, enforcement activity should not undermine the integrity of that process.

We note that a debt recovery letter was issued on 24 November 2025 during a period in which there was ongoing correspondence. We have raised this with the operator and reminded them of their obligation to ensure that enforcement action does not progress in circumstances where an appeal or complaint remains active.

The operator has confirmed that your outstanding complaint is in the process of being responded to. We have required them to provide a substantive response without further delay.

At this stage, we are satisfied that the matter is now under active review by the operator. We will continue to monitor compliance with the Code of Practice in respect of appeal handling and complaint resolution.

With regard to your references to the Digital Markets, Competition and Consumers Act and other external escalation, these matters fall outside the IPC's regulatory remit. Our role is to assess compliance with the IPC Code of Practice.

We appreciate that this process has been frustrating and thank you for your persistence in bringing your concerns to our attention.

Once you receive the operators response, if you remain unsatisfied, you will be able to escalate your complaint to the IPC again by opening a new complaint.

Kind regards,
The IPC

Hello

I keep on getting repeated letters from GCTT enforcement agents which I keep on ignoring.
This on was received today

https://ibb.co/nq1L4zWh

Currently I have made a complaint to Bankpark, there only communication was on 1st Dec as follows:

Thank you for your enquiry. We will aim to respond as soon as possible.

I complained to the IPC as per your advice and the last communication from them was on 11th Dec which was:

Thank you for sending your evidence.

In order to fully investigate we require further evidence from the operator, which we have requested.

We will revert back to you once this evidence has been received and reviewed.

Kind regards
The IPC

No response from IPC since.

Is there anything I can do to resolve this as its not nice repeatedly getting these threatening letters. The IPC website mentions the Independent Appeals Service (IAS), wpould they be able to resolve this as the IPC have gone quiet - they've not responded in the last 28 days.

Kind regards

AOS sent following reply

Thank you for your email.
We have a procedure for addressing complaints, and we’ve included some information below to help guide you.
For new enquiries or complaints, kindly review our FAQ’s as you may find the answer on our website here Motorist Complaints & Enquiries
You can also find useful information regarding private parking here https://www.knowyourparkingrights.org
If your question is not answered in the FAQs, there is a link to our complaints portal, where you can submit your enquiry or complaint, this will generate a BPA reference number and a case and we will reply to you.
Please note:
We will only investigate complaints where you can provide evidence that you have already raised the issue directly with our member and received a final response that does not resolve your concern.
We will only investigate if you can evidence a breach of the private parking Sector Single Code of Practice.
Please note that only emails containing a valid BPA reference number will be read and actioned. If your email does not include a valid BPA reference it will not be responded to.  You will need to follow the procedure outlined above.
We appreciate your understanding and cooperation.

I cannot find Bankpark listed under the BPA website but they are listed under International Parking Community, https://portal.theipc.info/aos-members/b

Please advise of how to proceed.

Thank you

Hello

Bankpark have now sent an email as follows

Good Morning,

We do not appear to have an appeal lodged for this PCN, can you please provide the appeal received confirmation for us to investigate.

Many Thanks

Should I forward the 'appeal received confirmation' I received on the 9th September on to them.
If so would you advise me to forward that email on to the complaints dept, or screenshot it.

Thanks