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41
Private parking tickets / Re: Parking Eye / DCB Legal Court Claim – Charge Was Supposedly Cancelled
« Last post by tincombe on Yesterday at 02:23:12 pm »
@DWMB2, I can see how my last post might have been misinterpreted and I agree with your point.

For the avoidance of doubt, 'this' referred to the lease documents, not the defence point about being the lessee.

I have amended accordingly.
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Private parking tickets / Re: Parking Eye / DCB Legal Court Claim – Charge Was Supposedly Cancelled
« Last post by DWMB2 on Yesterday at 01:59:17 pm »
It's not major, but I'd be tempted to strengthen some of the language in the defence. There's a lot of "The Claimant is put to strict proof..." - this is fine, but some of these could be started with denials on your part.

For example, rather than putting them to strict proof that they complied with the aspects of PoFA relating to hire vehicles, you could start by denying that the claimant has done this, then put them to proof if they disagree.

I disagree with the suggestion to leave out the fact you were the hirer from the defence. I'm all for brevity, but it's a relevant point in favour of your case, and I can't see what advantage is to be gained by leaving it out until your witness statement. Judges like an easy life - if they can get all of the salient points from your defence, without having to spend too much time leafing through Witness Statements and speaking to the litigants, all the better.
43
Private parking tickets / Re: VCS Leeds Bradford Airport – stopping charge – advice before paying
« Last post by InterCity125 on Yesterday at 01:39:17 pm »
The OP is well past the appeal stage.
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Private parking tickets / Re: VCS Leeds Bradford Airport – stopping charge – advice before paying
« Last post by yodish on Yesterday at 01:36:36 pm »
As jfollows mentioned in one of the earlier messages, the road is almost certainly within the airport boundaries, which is covered by byelaws, so keeper liability does not apply.
I would therefore appeal the two PCN separately citing that. If you want a ready made template letter, just download it from my website which offers a free service: www.ninjapcn.co.uk
Just search for the postcode written in the PCN (I believe LS19 7TU) and you will be prompted to download a template bundle. Good luck!
45
Private parking tickets / Re: Parking Eye / DCB Legal Court Claim – Charge Was Supposedly Cancelled
« Last post by tincombe on Yesterday at 01:30:17 pm »
You will, eventually.

We're talking about your defence, not your more detailed witness statement.

I suggest you look up the difference between a defence and witness statement in civil claims.

IMO, your statement that you were not the keeper should include that in fact you were the hirer under a X-year lease with ***** commencing on ***.

I wouldn't include the actual lease docs with your defence, but others may have views.

On receipt of your defence(it would be copied to the claimant) they should have the wit to think, b****r, we've c***ed-up! But don't hold your breath.
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Private parking tickets / Re: PRIVATE PARKING CHARGE
« Last post by tincombe on Yesterday at 01:21:19 pm »
Post the back of the notice pl. As we haven't seen this and there's no reference on the front (to how and to whom to appeal both now and subsequently), then IMO your actions are premature.
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Private parking tickets / Re: PRIVATE PARKING CHARGE
« Last post by RubbishWithCars on Yesterday at 12:50:18 pm »
Thank you all for your insights, its truly appreciated.

I was thinking of sending this message and depending on the reply I get would determine if i go into more details on the incident.



I am appealing this Parking Charge Notice as the registered keeper of the vehicle.

The Notice to Keeper does not comply with the mandatory requirements of Schedule 4 of the Protection of Freedoms Act 2012 and therefore UK Parking Enforcement has not established the right to transfer liability from the driver to the registered keeper.

In particular, the notice does not specify the required period of parking and does not contain the mandatory invitation to the keeper required by Schedule 4 paragraph 9(2)(e).

The driver has not been identified and will not be identified.

As the requirements necessary to establish keeper liability have not been met, I have no liability for this charge.

Please therefore cancel the Parking Charge Notice.

If you reject this appeal, please provide the appropriate independent appeals code together with a full explanation of the basis upon which you believe the registered keeper can be held liable despite the Notice to Keeper's failure to comply with Schedule 4 of the Protection of Freedoms Act 2012.

Yours faithfully,
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Private parking tickets / Re: Parking Eye / DCB Legal Court Claim – Charge Was Supposedly Cancelled
« Last post by Tarli on Yesterday at 12:45:07 pm »
This is great, thanks for breaking it down.
Yes the claim form states ‘pursued as the driver’ and ‘pursued as the keeper’, fantastic!

Should I include any evidence with my response, such as the document from the lease company confirming I am the hirer or a lease agreement?

Thanks for your help, massively appreciate it!

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Private parking tickets / Re: Times parking Gatwick APPEALED
« Last post by tincombe on Yesterday at 12:32:29 pm »
Pl don't describe, post the documents required. Read the guide on how to do this. Do not attempt to transpose documents.
50
Private parking tickets / Re: Parking Eye / DCB Legal Court Claim – Charge Was Supposedly Cancelled
« Last post by tincombe on Yesterday at 12:29:54 pm »
just add those 2 points to my defence?

IMO, they are your defence, or at least the main part!

Let's be clear: their claim is against you (read the Claim Form) as either:

Driver, or
Keeper.

You are NEITHER. That's it, they have fallen at the first hurdle.

You were not the driver. They have no evidence that you were, but if pressed on the matter you could state truthfully that the vehicle was driven by your wife, but I wouldn't volunteer this.

You were not the keeper either. The keeper is a legal concept and is presumed to be the registered keeper. They have no evidence that you were the keeper, because you weren't, you were the hirer under a lease agreement. The ONLY way in which they could hold you liable as hirer* is if ss13 and 14 of Sch 4 to PoFA have been complied with: https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

They haven't.

You have never been served with a Notice to Hirer and you have not been provided with the mandatory documents which would enable you to examine the creditor's claim.

IMO, everything else is secondary.
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