County Court help please!

mjc126

Thank you Coupan-mad. I have added a new clause 8 regarding the landowner/TPS flow.

The dashboard photos show an old out of date permit, so I'll probably not make any further comment. Having relooked at both the wording on the large green sign and the terms and conditions it is very ambiguous and they appear contradictory. I don't think there would be a grace period to get a pay and display ticket if you didn't have a permit anyway.

Here is my clause 8 - does that read OK?


[FONT=&quot]8. [/FONT][FONT=&quot]The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name and that they have no locus standi to bring this case. Section 7 of the BPA Code of Practice states that an operator must have the written authorisation of the landowner, if the parking company does not own the land, which the Claimant does not. [/FONT][FONT=&quot]There is no evidence of authority flowing from the landowner which enables the Claimant to sue visitors in their own name.[/FONT][FONT=&quot] Strict proof is required that there is a chain of contracts leading from the landowner to the Claimant.

[/FONT]

Coupon-mad

Yes, that's fine I would say.

mjc126

Thank you very much for all your help Coupon-mad. Greatly appreciated. Once you'd said that they have to follow the wording exactly as per the POFA, it made me look at the NtK very differently. When you have a better idea of what you're looking for, it becomes a little easier to see where they've not completed all the detail.

I'll get my defence sent off and see what happens. I'm guessing I can do that by MCOL?

Coupon-mad

mjc126 wrote: »

Thank you very much for all your help Coupon-mad. Greatly appreciated. Once you'd said that they have to follow the wording exactly as per the POFA, it made me look at the NtK very differently. When you have a better idea of what you're looking for, it becomes a little easier to see where they've not completed all the detail.

I'll get my defence sent off and see what happens. I'm guessing I can do that by MCOL?

What stage are you at now? Presumably you have had your Directions Questionnaire in August and returned that to the solicitors and court. Have you heard more yet? Each court communication requires action:

https://forums.moneysavingexpert.com/discussion/comment/61084955#Comment_61084955

HTH

mjc126

Hi Coupon-mad. Thank you for checking on me and an even BIGGER, HUGE THANK YOU! I have been waiting until I had complete confirmation - not wanting to push my luck.

I had a letter from MCOL saying that the Claimant hadn't filed their DQ and gave them until 5 Sept to do so. I have just checked on line this evening. They didn't respond and 'The claim issued against you was struck out on 17/09/2016'.

I just wished that I had saved myself so much time, bother and worry and asked for help instead of struggling along by myself in the first place trying to piece together the right wording.

I urge anyone who thinks they have a compliant PCN to read it really carefully and ask does it use the exact wording of POFA? And all the answers are on here!

This whole forum has been really helpful, but especially you Coupan-mad. You're an absolute star.

Coupon-mad

Fantastic result - we are having some real success reported here today!

Not sure what made me think of you this week but I went back and looked at a few court claims from the Summer and decided to ask how you were getting on - glad I did!

mjc126

I almost put up a week ago that I felt it was going to end well but remembered that another poster had done just that and the claimant had snuck in the their response at the last minute and they ended up in court. Didn't want to tempt fate!

To think I had thought about paying too, I'm so glad I didn't! It's good to see some good results in here.
Thank you again.