Free Traffic Legal Advice

Thank you for the advice.

Unfortunately the mediation call went so quickly I didn’t catch the name of the representative. I believe it was something Abdul. They confirmed they had full authority to settle and I offered £0 and requested them to discontinue. The mediator told me they are not in a position to discontinue and this will go to court unless I settle for £230. The call was over in seconds.

 

Thank you for the advice. I have received the N180 by post and will fill this out in the same way it’s been advised elsewhere on this forum.

I’ve received a letter from HM Courts & Tribunals Service informing me that “someone claims you owe them money and a claim has been made against you” and that I must respond within 14 days.

The claim is about a PCN issued to the registered keeper 4 years ago at a car park that was free but only for 30 minutes. Overstay was 19 mins.

I did not receive the notice until much later because I had not updated my details on DVLA. I did appeal but once I logged back into their site, trying to appeal again it said I was out of time to appeal. I wonder if they ever read that appeal.

The issue date of the PCN was 15 days after the contravention and at the time I thought they weren’t adhering to POFA 2012 so I should be ok.

I’ve had various letters from debt collectors over the years but understood to ignore them.

My question is how should I respond to the claim form and should I make a case? I did a subject access request a long time ago so have all the evidence and I have snips of my appeal made on Smart Parking’ website. I don’t have a snip showing I can no longer appeal.

Particulars of claim states:
The defendant is pursued as the driver of the vehicle for breach of the terms of the signs.
In the alternative the defendant is pursued as the keeper pursuant to POFA 2012 Schedule 4.

I have evidence to argue the latter.

My appeal from the snips I took before clicking submit was as follows:

Dear Sirs,

I have just received your notice to keeper (xxxxx) for vehicle xxxx.

You have failed to comply with the requirements of schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You have also failed to give the notice of keeper liability required by 9 (2) (f) of the same Act nor given the invitation to keeper in the for prescribed by 9 (2) (e).

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to intrust. [ Guests cannot view attachments ] [ Guests cannot view attachments ]