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zzzLazyDaisy

BTW in another thread you mentioned that you had disposed of your LBA. That doesn't matter, their LBA's are non-compliant - you can still refer the court to their failure to follow the PD before starting proceedings as they are required to do, and ask the court to stay the proceedings pursuant to para 4 of the practice direction to allow the parties to complete these steps.

If the PCN was issued before May 2013, the NtK is also non-compliant with PoFa 2012, as it doesn't identify the creditor, PoFA is very strict about the PPC complying with ALL parts of PoFA, so if you are the RK you can also ask the court to strike out the claim on the basis that they have chosen to issue proceedings against you, as the registered keeper, when the only avenue they have to do so is by relying on PoFA, and they have failed to comply with the requirements for this.

The above two paras should be early in your defence.

The fact that you cannot produce the LBA is not a problem because as part of the court process you can also ask the claimant for copies of documents in their possession which you need to prepare your defence.

You can include the LBA in that list (although you should make note that you have mislaid your copy, otherwise they will simply refer you to your own copy).

hth

D

Forensic

Sorry for delayed response, I was away from computer.

Yes it was issued some months before May. Do you mean I can contact the claimant now and request all documents in their possession pertaining to the case? Or would they be expected to have these on the day of the race whereby I would challenge them before the court?


By the way, sorry I couldn't grasp the following point...

zzzLazyDaisy wrote: »

and ask the court to stay the proceedings pursuant to para 4 of the practice direction to allow the parties to complete these steps.

D

...what am I supposed to ask the court exactly?

One last thing for this post, what exactly is the procedure for requesting the case be dropped by the court? Is it a point made within one's defence segment of the court paper or is there a separate channel for this? And if so, do you still submit a defence or would doing so run counter to the request for strike out?

Thanks in advance.

zzzLazyDaisy

Forensic wrote: »

Do you mean I can contact the claimant now and request all documents in their possession pertaining to the case?

That's not a great way to ask, the court won't usually grant such a wide application, but what you can do is ask for certain documents in the claimant's possession that are necessary for you to prepare your defence (see me example below).

By the way, sorry I couldn't grasp the following point...
...what am I supposed to ask the court exactly?

A 'stay' of proceedings means to put the case on hold, to allow the parties time to do something - in this case to complete the steps that the parties are required to complete BEFORE the claimant starts proceedings - beginning with a compliant letter before claim from the claimant. See para 4 of the PD on non-compliance and sanctions - staying the proceedings is one of the sanctions open to the court if the claimant has failed to start the pre-action conduct procedure by serving a properly drafted LBC


One last thing for this post, what exactly is the procedure for requesting the case be dropped by the court? Is it a point made within one's defence segment of the court paper or is there a separate channel for this? And if so, do you still submit a defence or would doing so run counter to the request for strike out?

Yes you still submit your defence, but as part of your defence you say you want to make an application for an order striking out the claim as the claimant has failed to comply with its obligations under PoFA (indicate the parts of sched 4 that are in issue) and as such has forfeited its right to issue proceedings against the registered keeper. Do not delay lodging the defence as the claimant can enter judgment in default of defence and you will get a ccj

At this point you might also want to state that you do not accept that the claimant has legal standing to bring proceedings as it is not the landowner and the claimant is put to strict proof of its legal standing to pursue legal proceedings on behalf of the landowner and you therefore respectfully request the court to make an order that the claimant disclose a copy of the contract between itself and the landowner giving it authority to do so, and produce the original for inspection by the court at the hearing

Thanks in advance.

RE lists of documents

The defendant requests the claimant to forward copies of the following documents to the defendant within 14 days, failing which an application will be made to the court for an order to this effect

1 Copy of letter before claim served on the defendant by the claimant
1 Copy of the contract authorising the claimant to issue legal proceedings on behalf of the landowner

etc etc

Send the letter to the claimant, wait 14 days, it you haven't heard anything (or if the claimant refuses) send a copy of the correspondence to the court and ask the court to order the claimant to produce these documents as they are necessary for you to prepare your defence.

zzzLazyDaisy

While you are at it I suggest that you write to the PPC along the following lines:

Dear Sirs

Court case name and number

I refer to the above case. As an unrepresented defendant, and with no access to legal aid, I have been carrying out my own research on how to represent myself. In the process I have come across the Practice Direction on Pre-action Conduct.

This Court Direction states that the Claimant must serve a letter before claim in prescribed form, and then the parties must carry out certain steps before the claimant starts legal proceedings.

I am amazed that you do not seem to know about the Practice Direction - as a corporate legal department it is the sort of thing I would have expected you to know about. However, now that I have brought this matter to your attention I would be grateful if you would let me have the information that should have been in your letter before claim (I attach an extract of the Practice Direction on the contents of a letter before claim, to assist you). Also, as you are now aware of the parties' obligations under the Practice Direction, I invite you to ask the court to stay your claim to allow us time to carry out the prescribed steps.

When replying, could you also please confirm that the claim against me is for an alleged breach of contract, or if not, please specify the basis of the claim (trespass? money owed under a contractual invoice?) as the Practice Direction says that you must give me enough information to understand the claim.

Please note if I do not hear from you within 14 days, I shall seek the assistance of the court. I am sure that will not be necessary as I should imagine you will be keen to rectify your oversight.

I look forward to hearing from you

Forensic


Practice Direction on Pre-action Conduct, Annex A Para 2:

2. Claimant’s letter before claim
2.1
The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant;
(5) if financial loss is claimed, an explanation of how the amount has been calculated; and
(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.
2.2
The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.
2.3
Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.

Forensic

Thank you very much ZZZ.
Now to summarise:

So step one will be to acknowledge the papers to the court, I hope this can be done via telephone or tomorrow I shall send that part of the package off via recorded. I had no luck with MCOL, I found inconsistencies between the layout and the information on my papers.

The defence which would accompany the acknowledgement if it has to be sent will of course contain the information I would expect to use on the day, but will also notify the court of my application to have the case struck out. The same document should request a stay of proceedings.

I then send a letter to claimant requesting copy of LBA and copy of document permitting operator to issue legal proceedings on behalf of landowner. Allow 14 days for reply, if nothing or if they refuse then I convey this to court in separate letter in which I request they order these documents from claimant so that I may prepare defence.

Whilst writing to claimant, I am to lay out PD on pre-action conduct Annex A Para 2. If the LBA does not conform to the specs, I may write to the court again with enough evidence to request the case be struck out.


Correct order of conduct?
Correct actions?
Anything missed out?

If all is well I will get straight down to it...if I have misinterpreted a part of the description, my apologies. Let me know, it won't involve such a long post. Many thanks.

zzzLazyDaisy

I don't know if I have understood you correctly, but the order is

1 within 14 days of service of proceedings - acknowledgment of service (I am pretty sure that can't be done in writing as it is a form that must be returned to the court, but by all means check.

It is worth double checking MCOL or e-mailing them because the prefereable method of responding to the papers from Northampton is via MCOL

2 once the acknowledgment has been lodged, this extends time for filing the defence to 28 days in total

3 Before you send a request for documents to the claimant, double check that you have listed all the documents in their possession that you need to see because the court doesn't like multiple requests.

4 Re the letter about the PD - your choice whether to send it, but it does seem to me that a PPC that has not complied with the pre-action steps will probably be suitably grateful that you have brought it to their attention now, so they have time to rectify their mistake

Forensic

Points 1, 2 and 4 above are clear.


Concerning 3:

zzzLazyDaisy wrote: »

3 Before you send a request for documents to the claimant, double check that you have listed all the documents in their possession that you need to see because the court doesn't like multiple requests.

it to their attention now, so they have time to rectify their mistake

What would these be? the LBA for one and the original NtK, these as we know contain flaws, but was there something else?

zzzLazyDaisy

Forensic wrote: »

Points 1, 2 and 4 above are clear.


Concerning 3:


What would these be? the LBA for one and the original NtK, these as we know contain flaws, but was there something else?

It may well be that there are no other documents that you need to see. All I'm saying is do a double check of your defence before you send the letter.

spacey2012

The only evidence they have your vehicle was there is an ANPR camera system that does not comply with court evidence rules.
A lot of defences jump in too high, making full admissions that the evidence they hold is accepted.
I would ask them to produce a Vehicle Certification Agency certificate for the camera, other courts in the UK will not accept non Vehicle Certification Agency approved ANPR equipment as any evidence, why should parking eye flout it.
The only proof they had you were there may be inadmissible in any court.
If the judge rules against it and allows a none Vehicle Certification Agency ANPR system to be used as evidence it creates a point of law for appeal.
The defence needs to go in lower, attack the foundation evidence at it's source.
The onus is on them to prove you were there, with compliant equipment .

zzzLazyDaisy

Also check the BPA Code of Practice - for example the CoP requires them to keep the ANPR equipment maintained in good working order - so ask them for documentary evidence of the maintenance and calibration of the equipment. After all, they have to comply with the CoP to keep their eligibility to obtain RK details from DVLA, no maintenance schedules and arguably they have obtained your details unlawfully....