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#Post#: 116806--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period -
Marsh St. ST1 5HN
DIR By: torresstrike
Date: April 23, 2026, 10:42 am
---------------------------------------------------------
Hello
Please find Particulars of Claim:
HTML https://ibb.co/LDfkqTmd
#Post#: 116856--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period -
Marsh St. ST1 5HN
DIR By: torresstrike
Date: April 24, 2026, 3:41 am
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BTW, Bankpark never responded to the Complaint that I sent on
3rd November. I do hve an anckowledgement email, but no actual
response.
#Post#: 116860--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period -
Marsh St. ST1 5HN
DIR By: jfollows
Date: April 24, 2026, 4:07 am
---------------------------------------------------------
You have to file a defence or Acknowledgement of Service by 11
May, if the latter this gives you until 26 May to file your
defence.
Your defence is as above, that the defendant is a hirer of a
car, the driver of the car was not identified and the claimant
did not follow the requirements of PoFA 2012 to transfer
liability to you as hirer. You need to elaborate slightly and
briefly quote the legislation and that the required documents
were not sent with the Notice to Hirer.
It being DCB Legal means that they will likely harrass you
offering to “settle”, then discontinue, if you follow the court
paperwork, submit N180 when required and attend a useless
mediation session. Search the forum for many, many similar cases
and their outcomes.
#Post#: 117220--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period -
Marsh St. ST1 5HN
DIR By: torresstrike
Date: April 28, 2026, 7:28 am
---------------------------------------------------------
Hello
I've filed Acknowledgement of Service.
Trying to formulate a defence but the legal jargon is a bit
above my head.
Could you please advise of the best wording for the defence
please, as i dont want to miss anything.
Also is it right, that at no point should i divulge who the
driver of the vehicle was on the day of dispute.
Many thanks
#Post#: 117223--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period -
Marsh St. ST1 5HN
DIR By: jfollows
Date: April 28, 2026, 7:35 am
---------------------------------------------------------
Do not divulge the driver, no, you have no requirement to do so.
You have a month, so come up with a draft appeal, for which you
will get input. We are happy to advise, but in the end you have
to understand what you’re writing.
Search the forum for similar appeals to assist you also.
See also
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4,<br
/>paragraph 13 in particular:
--- Quote ---
> 13(1)This paragraph applies in the case of parking charges
incurred in respect of the parking of a vehicle on relevant land
if—
>
> (a)the vehicle was at the time of parking hired to any person
under a hire agreement with a vehicle-hire firm; and
>
> (b)the keeper has been given a notice to keeper within the
relevant period for the purposes of paragraph 8(4) or 9(4) (as
the case may be).
>
> (2)The creditor may not exercise the right under paragraph 4
to recover from the keeper any unpaid parking charges specified
in the notice to keeper if, within the period of 28 days
beginning with the day after that on which that notice was
given, the creditor is given—
>
> (a)a statement signed by or on behalf of the vehicle-hire firm
to the effect that at the material time the vehicle was hired to
a named person under a hire agreement;
>
> (b)a copy of the hire agreement; and
>
> (c)a copy of a statement of liability signed by the hirer
under that hire agreement.
>
> (3)The statement of liability required by sub-paragraph (2)(c)
must—
>
> (a)contain a statement by the hirer to the effect that the
hirer acknowledges responsibility for any parking charges that
may be incurred with respect to the vehicle while it is hired to
the hirer;
>
> (b)include an address given by the hirer (whether a
residential, business or other address) as one at which
documents may be given to the hirer;
>
> (and it is immaterial whether the statement mentioned in
paragraph (a) relates also to other charges or penalties of any
kind).
> (4)A statement required by sub-paragraph (2)(a) or (c) must be
in such form (if any) as may be prescribed by the appropriate
national authority by regulations made by statutory instrument.
>
> (5)The documents mentioned in sub-paragraph (2) must be given
by—
>
> (a)handing them to the creditor;
>
> (b)leaving them at any address which is specified in the
notice to keeper as an address at which documents may be given
to the creditor or to which payments may be sent; or
>
> (c)sending them by post to such an address so that they are
delivered to that address within the period mentioned in that
sub-paragraph.
>
> (6)In this paragraph and paragraph 14—
>
> (a)“hire agreement” means an agreement which—
>
> (i)provides for a vehicle to be let to a person (“the hirer”)
for a period of any duration (whether or not the period is
capable of extension by agreement between the parties); and
>
> (ii)is not a hire-purchase agreement within the meaning of the
Consumer Credit Act 1974;
>
> (b)any reference to the currency of a hire agreement includes
a reference to any period during which, with the consent of the
vehicle-hire firm, the hirer continues in possession of the
vehicle as hirer, after the expiry of any period specified in
the agreement but otherwise on terms and conditions specified in
it; and
>
> (c)“vehicle-hire firm” means any person engaged in the hiring
of vehicles in the course of a business.
>
>
--- End Quote ---
They’re only words, not legal jargon, but used with a kind of
precision not necessarily used in normal speech.
#Post#: 117455--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period -
Marsh St. ST1 5HN
DIR By: torresstrike
Date: April 30, 2026, 1:00 pm
---------------------------------------------------------
Hello,
I have drafted the following as my defence:
DEFENCE
1. 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.
2. My defence is that the defendant is a hirer of a car, the
driver of the car was not identified, and the claimant did not
follow the requirements of PoFA 2012 to transfer liability to me
as the hirer.
3. In particular I would like to refer to Paragraph 13 of PoFA
2012:
This paragraph applies in the case of parking charges incurred
in respect of the parking of a vehicle on relevant land if the
keeper has been given a notice to keeper within the relevant
period of 28 days. These include hire-vehicle liability defects
where the Notice to Hirer did not include the prescribed hire
documents required for strict PoFA Schedule 4 paragraphs 13–14
compliance, so no hirer liability arises.
4. I would also like to point out failure to pause enforcement
while an appeal is outstanding; failure to issue a timely,
reasoned decision with an independent appeal route; failure to
run a compliant complaints process and to treat a complaint
relating to a PCN as an appeal for timescales; improper debt
escalation during an unresolved appeal or complaint.
5. I would also like to add that I sent BankPark numerous
emails, detailing that thery dud not follow correct procedure
and lodged an appeal stating this. I did not receive a response
from them. I also complained to the IPC (International Parking
Community) however they did not take any appropriate action
against one of their members.
Signed
Date
#Post#: 117456--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period -
Marsh St. ST1 5HN
DIR By: jfollows
Date: April 30, 2026, 1:05 pm
---------------------------------------------------------
Personally, I would spell out by listing the requirements of
PoFA 2012, and point out the specific documents which were not
sent.
#Post#: 117897--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period -
Marsh St. ST1 5HN
DIR By: torresstrike
Date: May 6, 2026, 6:30 am
---------------------------------------------------------
Hello
I have amended as per your last repsonse, is the following OK
now, or do I need to addd anything else please.
DEFENCE
1. 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.
2. My defence is that the defendant is a hirer of a car, the
driver of the car was not identified, and the claimant did not
follow the requirements of PoFA 2012 to transfer liability to me
as the hirer.
3. In particular I would like to refer to Paragraph 13 of PoFA
2012:
13(1)This paragraph applies in the case of parking charges
incurred in respect of the parking of a vehicle on relevant land
if—
(a)the vehicle was at the time of parking hired to any person
under a hire agreement with a vehicle-hire firm; and
(b)the keeper has been given a notice to keeper within the
relevant period for the purposes of paragraph 8(4) or 9(4) (as
the case may be).
(2)The creditor may not exercise the right under paragraph 4 to
recover from the keeper any unpaid parking charges specified in
the notice to keeper if, within the period of 28 days beginning
with the day after that on which that notice was given, the
creditor is given—
(a)a statement signed by or on behalf of the vehicle-hire firm
to the effect that at the material time the vehicle was hired to
a named person under a hire agreement;
(b)a copy of the hire agreement; and
(c)a copy of a statement of liability signed by the hirer under
that hire agreement.
(3)The statement of liability required by sub-paragraph (2)(c)
must—
(a)contain a statement by the hirer to the effect that the hirer
acknowledges responsibility for any parking charges that may be
incurred with respect to the vehicle while it is hired to the
hirer;
(b)include an address given by the hirer (whether a residential,
business or other address) as one at which documents may be
given to the hirer;
(and it is immaterial whether the statement mentioned in
paragraph (a) relates also to other charges or penalties of any
kind).
(4)A statement required by sub-paragraph (2)(a) or (c) must be
in such form (if any) as may be prescribed by the appropriate
national authority by regulations made by statutory instrument.
(5)The documents mentioned in sub-paragraph (2) must be given
by—
(a)handing them to the creditor;
(b)leaving them at any address which is specified in the notice
to keeper as an address at which documents may be given to the
creditor or to which payments may be sent; or
(c)sending them by post to such an address so that they are
delivered to that address within the period mentioned in that
sub-paragraph.
(6)In this paragraph and paragraph 14—
(a)“hire agreement” means an agreement which—
(i)provides for a vehicle to be let to a person (“the hirer”)
for a period of any duration (whether or not the period is
capable of extension by agreement between the parties); and
(ii)is not a hire-purchase agreement within the meaning of the
Consumer Credit Act 1974;
(b)any reference to the currency of a hire agreement includes a
reference to any period during which, with the consent of the
vehicle-hire firm, the hirer continues in possession of the
vehicle as hirer, after the expiry of any period specified in
the agreement but otherwise on terms and conditions specified in
it; and
(c)“vehicle-hire firm” means any person engaged in the hiring of
vehicles in the course of a business.
The letter from Bankpark on 27th August states: Enclosed with
this Notice are the following copy documents.
Statement signed by the vehicle hire firm...
Hire Agreement
Statement of liability....
Notice to Keeper ...
They did not enclose any of the above, and have never sent me
the correct documentation.
In light of this omission on their behalf they should have
cancelled the PCN.
4. I would also like to point out failure to pause enforcement
while an appeal is outstanding; failure to issue a timely,
reasoned decision with an independent appeal route; failure to
run a compliant complaints process and to treat a complaint
relating to a PCN as an appeal for timescales; improper debt
escalation during an unresolved appeal or complaint.
5. I would also like to add that I sent BankPark numerous
emails, detailing that they did not follow correct procedure and
lodged an appeal stating this. I did not receive a response from
them. I also complained to the IPC (International Parking
Community) however they did not take any appropriate action
against one of their members.
#Post#: 117991--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period -
Marsh St. ST1 5HN
DIR By: jfollows
Date: May 7, 2026, 1:38 am
---------------------------------------------------------
Just wait a couple of days for any other comments before
submitting. Others may have better ideas.
#Post#: 118299--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period -
Marsh St. ST1 5HN
DIR By: torresstrike
Date: May 11, 2026, 3:15 am
---------------------------------------------------------
Hello,
Is there any other advice from anyone before I send that defence
please.
I know that b789 has previoulsy also provided sound advice in
the past but have not heard from them recently.
Many thanks for your support thus far.
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