Free Traffic Legal Advice

I would recommend submitting your defence online using the MCOL platform, but I think the defence needs some work.

Currently, you state that the notice with which you were issued does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act, then quote said act at length, but you do not state which part(s) of PoFA you believe it does not comply with, nor do you explain why that means that you as the registered keeper do not owe the sum claimed.

You can elaborate when you get to the Witness Statement stage, but I'd say a bit more now too - don't make the judge do the work for you. State how the parking company have not complied, and why this means that you are not liable.

Make sure you've responded to every allegation made in the particulars of claim.

IN THE COUNTY COURT
CLAIM NUMBER ..
BETWEEN,,, claimant and defendant

DEFENCE

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.the claim is without merit and does not adequately disclose any comprehensible cause of action.

The notice to keeper does not comply with schedule 4 of the protection of freedoms act 2012,I am not liable through the grounds of smart parking did not comply with the legislation to transfer liability to me the registered keeper within the 14 day time frame.

Alleged contravention 4/9/22
Date sent 22/9/22
Date delivered 26/9/22
Which is beyond the required 14 days


1,notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

(d)specify the total amount of those parking charges that are unpaid, as at a time which is—

(i)specified in the notice; and

(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

STATEMENT OF TRUTH

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its Truth

Signed, ME
Date, today


I’ve added the 14 day rule to this, it’s a learning curve for me and really appreciate any help and thoughts on it.

IN THE COUNTY COURT
CLAIM NUMBER ..
BETWEEN,,, claimant and defendant

DEFENCE

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.the claim is without merit and does not adequately disclose any comprehensible cause of action.

The notice to keeper does not comply with schedule 4 of the protection of freedoms act 2012


1,notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

(d)specify the total amount of those parking charges that are unpaid, as at a time which is—

(i)specified in the notice; and

(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

STATEMENT OF TRUTH

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its Truth

Signed, ME
Date, today


Would this be ok for a defence ??
Also can I email this to claimresponse.cnbc@justice.gov.uk
As I’ve seen this given on similar cases, include claim number in subject field
Many thanks

You’ve reiterated the law, and thats fine, but why are you not liable, what part of the law did the claimant not comply with?

You need to spell this out. I think I alluded to it earlier.

I am not liable through the grounds of smart parking did not comply with the legislation to transfer liability to me the registered keeper, also the driver is not known.

I’ve filled out a acknowledgment of service to get the extra time, I’ve also been given the SAR details back from smart parking I’ve included a link to view pics


https://www.imagebam.com/view/ME1CXZKW https://www.imagebam.com/view/ME1CY1V1 https://www.imagebam.com/view/ME1CY27A https://www.imagebam.com/view/ME1D41VH https://www.imagebam.com/view/ME1D41VJ

I have no experience with the SAR process, but https://ico.org.uk/for-the-public/make-a-subject-access-request/ shows one route. Definitely the Data Protection Officer.

Thank you for that I’ve looked at it and I’ve included a link to the form, what would I put in the details of personal info? Do I include the parking charge reference number? Or is it best to email the officer direct at smart parking?

https://www.imagebam.com/view/ME1CY27A

https://www.imagebam.com/view/ME1CXZKW


That’s the link to the N1SDT as requested, I tried the link and it worked so hoping it’s ok thank you

Hi there I’m new to this and hope I’ve come to the right place,I got a private parking fine from smart parking ltd. The date of the incident was sept 2022 (is there a time frame for this?). I have now received a letter from HM courts informing me that I owe DCB legal £307. I have a claim form which includes N9A and N9B forms,i have 14 days to reply from the date of the letter. Do I pay the £307 or can I fight against this?? Also can I post pictures on here and if so how is this done. Many thanks if anyone can help