Show Posts - L11VYK

Thank you so much!! Will look into this now.

Received a parking charge notice mid June 2024 by Smart Parking as the registered keeper. Ignored it, and now as the registered keeper I have had a county court judgment come through which I have sent in a defence:How much of the claim do you dispute?I dispute the full amount claimed as shown on the claim form. Do you dispute this claim because you have already paid it?No, for other reasons. DefenceAs the defendant, I deny the claim in its entirety. The Claimantseeks £280.56 arising from a purported parking charge. TheDefendant has been contacted throughout solely as the registeredkeeper of the vehicle. The identity of the driver at the materialtime has not been established and is not admitted. The Claimanthas no cause of action against the Defendant as keeper absentstrict compliance with PoFA 2012, Schedule 4, which the Defendantputs in issue.In the absence of a contractual relationship between the Defendantpersonally and the Claimant, the Defendant owes no obligationunder contract law to pay any parking charge. Any contract forparking — whether formed by entry onto the land, use of a carpark, or compliance with signage — could only have been formedwith the driver of the vehicle at the material time.The Defendant was not the driver. The Defendant has not at anypoint admitted to being the driver. The Claimant has neverestablished or identified who the driver was. It is therefore theClaimant's burden to either: (a) identify and pursue the actualdriver; or (b) establish keeper liability under the strictstatutory regime of PoFA 2012, Schedule 4. The Claimant cannot doboth, and has thus far done neither.Here's a link to the original letter they sent: https://drive.google.com/file/d/1hdjBMMdmOwF3xgPyQ4EmSetnFIZ8KnuS/view?usp=sharing I’ve now received a Notice of Proposed Allocation to the Small Claims Track.I realise I should have sought advice upon receipt of the first letter, and instead took bad advice to ignore it.What are my next steps?

OK I've managed to get ahold of the original PCN, plus my email response.https://drive.google.com/drive/folders/1uxqS6TTv3VrtTCXJFgtEMMAxzt9ejmEa?usp=sharing

Received a parking charge notice mid June 2024 by Smart Parking as the registered keeper. Ignored it, and now as the registered keeper I have had a county court judgment come through which I have sent in a defence:How much of the claim do you dispute?I dispute the full amount claimed as shown on the claim form. Do you dispute this claim because you have already paid it?No, for other reasons. DefenceAs the defendant, I deny the claim in its entirety. The Claimantseeks £280.56 arising from a purported parking charge. TheDefendant has been contacted throughout solely as the registeredkeeper of the vehicle. The identity of the driver at the materialtime has not been established and is not admitted. The Claimanthas no cause of action against the Defendant as keeper absentstrict compliance with PoFA 2012, Schedule 4, which the Defendantputs in issue.n the absence of a contractual relationship between the Defendantpersonally and the Claimant, the Defendant owes no obligationunder contract law to pay any parking charge. Any contract forparking — whether formed by entry onto the land, use of a carpark, or compliance with signage — could only have been formedwith the driver of the vehicle at the material time.The Defendant was not the driver. The Defendant has not at anypoint admitted to being the driver. The Claimant has neverestablished or identified who the driver was. It is therefore theClaimant's burden to either: (a) identify and pursue the actualdriver; or (b) establish keeper liability under the strictstatutory regime of PoFA 2012, Schedule 4. The Claimant cannot doboth, and has thus far done neither.I do not have a copy of the original parking charge notice. I’ve now received a Notice of Proposed Allocation to the Small Claims Track. I realise I should have sought advice upon receipt of the first letter, and instead took bad advice to ignore it. What are my next steps?