Thank you for posting the PCN. The good news is that both you and your Mother are off the hook. The PCN does not comply with the Protection of Freedoms act 2012 so the charge CANNOT be transferred from the driver to the keeper. Only the driver is now responsible for the charge and as several thousand people with valid motor insurance policies are allowed to drive that car, good luck knowing who to pursue. In order to be able to transfer the debt from the driver to the keeper PE must observe the wording of the Act. And they haven't. Schedule 4 S9 [2][e] states " (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; If you read the PCN to your Mother it does not invite her to pay the charge nor to pass the PCN on to the driver. It may not sound much but it is a major mistake on PE's part and as such the liability to pay the charge is restricted to the driver only. If you have not appealed the PCN then you cannot as yet claim they have breached your Mother's GDPR in relation to sending numerous notices to her asking to pay when they were not aware that she was not the driver. Once she tells them that in her Witness statement and they continue to take her to Court, that is when her GDPR is breached since they should have dropped the case at the WS stage. They have also not complied with the Act again since they are supposed to specify the parking.period. They have not. They have listed the arrival and departure times which is not the same since driving to the parking place from the entrance and driving from the parking space to the exit cannot be described as parking. Whether you can argue that you were not parked even though you were there for almost two hours is a moot point. i

If you think that's swearing, you should hear what my dad said to the planning officer about his wife. He granted his planning application just because he couldn't handle the abuse.

Unfortunately it can creep back up however they did say to me it’s never happened yet in all the cases they have won and they also claimed quite large fees from them also but next time I will fight myself and also claim back the court fees etc really appreciate all your help as I said

I shall attend mediation but not settling for anything less than what i am asking for

Sorry but it seems to be jumbled up. Please could you repost it properly ordered in a way that you would like to see if you were helping somebody free of charge

Stick with what you're doing at the moment. LFI's stuff will be useful in your witness statement, if it goes that far...

Discussion a bit later than Wednesday then!

August 21st: Had another letter full of bluster from Overdales on behalf of Lowells. They say our outstanding balance will start to accrue an interest charge of 8% per month... As already stated, they can't do this and it's just bluster on their part. Not heard anything from the court, and don't expect to.

Can you please post up the original PCN you received in their reply to your SAR We don't need to see the reminders but the original is the all important on as that is the one they rely on to pursue the keeper. If there are mistakes then your Mother is off the hook as only the driver is then responsible for the debt.

Not really ...just what I have posted will suffice. 11. In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply with section 77 of the CCA1974 or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety. The claimant has failed to evidence and justify its application to dispose of this claim without a trial where a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2) Well you might not get another chance to use it if your statement fails so if you think its important in your objections then use it. Again the whole point of this statement is to convince the court that the claimants application should be denied and that it has failed to evidence sufficient cause for Summary Judgment. After that whether the claim proceeds to allocation or the claimant withdraws is another day.

Yes that's your first intro point. Take a look around at some examples of witness statements to form and layout. If you refer to a document within the statement you must mark that paragraph with " See exhibit number xx " after that paragraph/sentence, and attach all the documents to the statements. Statement must be finalised with the current statement of truth.

include a note in with your paploc reply please note, you are to stop using any other method of communication with me other than written letters by royal mail. please delate my phone numbers and my email address you hold.

If tyhis did go to court would Judge look kindly on that letter I think not. PE are not in a good situation here now, letter is fatal to their cas, were told to cancel but said no as have issued a claimform. And Beavis won't help them either

No - well spotted Reapstar. Parking Eye hid this information away in the small print and I did not read the small print properly and missed it. A judge will be singularly unimpressed with nonsense like "Parking Eye were unable to cancel". Issuing a Notice of Discontinuance is extremely simple. I bet at this stage it could even be done on MCOL. So SAR claim issued on 18 August, five days for service takes us to 23, next Wednesday. That's when a decision needs to be taken whether to try to negotiate a deal with them or not.

I would presume that because the actual landowners instructed the fleecers to discontinue... they should have! They are simply agents of the landowner and under contract. Organ grinder and monkey comes to mind. Well spotted Dave. Just goes to show, we have to read paperwork thoroughly!

Hi again razorc, When I saw your post it looked like you had no reply's until I posted and I see you have replys and advice from experienced caggers, It might be this phone of mine.