UKPC -Court Proceedings PoFA

pappa_golf

ok , no direct answers yet , YOU say YOU have submitted a response to the court


show us what you said , instead of *uckin about with stupid half answers


SHOW us you initial response to the court!

Nixcii

Ok sorry, I was trying to condense it. I'll go into it a bit more, but initially I was just wondering whether I was supposed to give the driver details within the 28days as well as an appeal.

Nixcii

Mate, calm down. I'm trying to feed twin babies, get a 2year old ready for bed and deal with this at the same time!!!!!!

Guys_Dad

Any "Witness statement" has to be signed by the landowner or managing agent. One signed by the PPC is worse than useless.

Witness statements are dubious anyway as there is no proof that the signatory from the landowner has either read or understood the contract. Demand the contract be produced and hope the PPC don't oblige.

If produced in court but not sent to you in advance, demand it is inadmissable.

pappa_golf

well , when you get ready and composed , reply with proper info


the info required is in the questions above

Fruitcake

Nixcii wrote: »

Ok sorry, I was trying to condense it. I'll go into it a bit more, but initially I was just wondering whether I was supposed to give the driver details within the 28days as well as an appeal.

Never, ever give the driver's details to anyone. That includes the judge.

Coupon-mad

Nixcii wrote: »

Court date is set for 20/12/16 and all documents supposed to be in 4pm tomorrow 21/10/16

Left it a bit late then - why do people do this; drop the ball after submitting a defence, all you needed to do was come and ask what happens next, or Google it...

Here's info about how to word your own witness statement and skeleton argument:

http://www.bmpa.eu/static_witness_statement.php

...which you must submit to the court and the claimant, along with a copy of your evidence (like photos, a printout of Schedule 4 of the POFA, etc.).

Show us please what you put in your first defence...you did keep a copy?

beamerguy

Nixcii wrote: »

Mate, calm down. I'm trying to feed twin babies, get a 2year old ready for bed and deal with this at the same time!!!!!!

Suggest you put the kids to bed, calm down and then devote the time you need to understand this, it's not as if we are live on skype ?

Nixcii

Yes it is left a bit late, but I asked UKPC's solicitor for copies of all correspondence and ntk's, etc on 19/9/16 as I genuinely don't recall seeing them. All the letters looked the same. I've only been served these copies today.
I was heavily pregnant with twins on the first offence (5/1/16) and my partner would literally drive the car up nearer to our block (top/3rd floor flat/no elevator) and help me down with our 2yr old. Car was never parked more than 10/15mins. He always left a note in the windscreen with his mobile & flat number. Twins born by emergency section 20/1/16, so then can't drive for further 6 weeks. He also spoke to a warden on one occasion and told
Him the situation, he advised, in a nutshell, not a problem as not targeting residents!
Subsequent 'offences' 2, 6 & 14/2/16
Appeal
Sent on line sometime between 5/1/16 and their acknowledgement on 25/2 saying case on hold for 35 days, appeal rejected 7/3.
Meantime 1st ntk as copies indicate sent on 4/2/16 whilst considering appeal?!
The appeal said my partner moved the car, so didn't actually state his name. Would it be unreasonable to expect them to assume the driver therefore lives at the same address?
My defence was obviously that I was not the driver and we were advised by a representative of UKPC that no issue and they were not targeting residents. Although the warden apparently has conveniently forgotten this conversation.
My partner told him after receiving 15 odd tickets on another of our vehicles that he would not be paying them as we were residents & leaseholders & the reply was about the not targeting, etc. Furthermore, none of these tickets were ever pursued, surely that's confirmation in itself.
Havig seen copies now of the Ntk's there is no time period noted, just the issue time. As i understand it that has to be present to pursue keeper liability?
So, last offence 14/2/16. Last correspondence email between my partner & Michael Elliott, UKPC funnily enough, with my partner reiterating he was the driver, and ME stating he's 'not authorised to withdraw the claim' however he'd 'spoken to the Senior Director and in the circumstances he can offer a reduced sum of £500 to settle the claim in full'
Yet he has the authority to issue a witness statement on behalf of UKPC to be used as evidence in court?
Furthermore, can he offer to settle the claim with the 'driver' on the 6/5 and then instigate court proceedings against the keeper on the 16/5? Who knows, maybe they can!

Coupon-mad

What did your defence (not appeal, your defence you submitted when you got the claim form) say, word for word, all of it?