Not parked, on a car park that no longer exists

jjay33

Thanks Coupon-mad, all this extra information will work well in my skeleton defence. Looks like I may need to buy a new ink cartridge for my bundle, to print out all this supporting information, should this go all the way

I've still got until April 12th to submit my defence and have heard nothing yet, as a result of sending off a request for a copy of the PCN from BWL; or from informing the court about the same, last week.

Should I expect to get any notification from the court before I get to the deadline for submission of my defence? Or does that come once the claimant confirms they are going to proceed?

Loadsofchildren123

End of 6 change "offence" to "breach".


I am assuming that in the NtK an extra charge has been added to the original NtD amount (usually £50). Regarding the lawfulness of this:

Para 8(2)(b) of Schedule 4 says that the NtK must "inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full"
8(2)(c) says the NtK must "state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f)"


The information required by 7(2)(b)/(c) is a description of the charges (b) and the amount of the charges (c).


So 8(2)(b) and (c) therefore mean that the NtK must specify the same charges that were in the NtD.


I often see defences which say that POFA can only require a keeper to pay what was due from teh driver the day before the NtK. It doesn't say that, but the effect of the above wording has the same result. So say that "Paragraphs 8(2)(b) and (c) prohibit the Claimant from requiring the keeper to pay any more than the original charge in the Notice to Driver".


I'm sorry if the font keeps changing, I'm copying and pasting from another document.

Coupon-mad

Should I expect to get any notification from the court before I get to the deadline for submission of my defence? Or does that come once the claimant confirms they are going to proceed?

No, nothing comes from the court yet; you have to know to submit the defence.

jjay33

Thanks again for the valuable feedback, my defence is looking in good shape now.

I didn't have a NtD Loadsachildren123, just the NtK, which I've requested from the claimant, as I can no longer find my copy (from over 2.5 years ago). Still, it included the usual 'legal' and 'admin' costs, bumping it up to over £150.

Now my question is...how best to submit my defence? Can I PDF it and go through MCOL. I haven't dared touch that button in MCOL yet, in case it triggers submission before I'm ready. However, I've read on these forums that 12point Times New Roman, double-spaced is best, and also that the submission box on MCOL will not accommodate more than a certain no. of characters.

Can anyone point me down the best route? Submit online or old-fashioned post?

Coupon-mad

Now my question is...how best to submit my defence? Can I PDF it and go through MCOL.

Email it as a PDF attachment, to the ccbc email addy mentioned on lots of threads. DO NOT use MCOL for the defence (ruins the paragraphing and makes it less easy on the eye for the Judge in the end).

Loadsofchildren123

Give serious consideration to saying you were the driver. CM's previous advice about this was spot on.
What exactly did your appeal/previous correspondence say?
Strong chance the judge will make a finding on the balance of probabilities you were driving.
Unless of course you and your wife share the driving and you genuinely can't remember.
The Hamiltons famously got off a speeding charge arguing that. Trouble is you haven't said that or anything like it in your defence so it may look like a put up job to suddenly say it now.

jjay33

Loadsofchildren123:
Unfortunately I emailed the claimant when I got the original NTK (and got an auto-reply) and said I was driving, so I'm not trying to hide that fact. I emailed again, in response to the auto-reply, and once again got the same automated response. So I left it, heard nothing for two years, and then they start chasing me again.

I intend to stick with the truth, as its much easier then to argue my case I believe.

Loadsofchildren123

Sorry jjay, that post #47 was meant for another thread, I was getting confused.
I completely agree though, and have said on this thread before, that you are better off being honest and if you have a good defence as driver, then what is the point pretending you weren't - the judge may see through it, find you were and then be unsympathetic to everything else you say.

jjay33

Defence submitted tonight!

I've also received a letter from BWL following my request for a copy of the original NTK, which acknowledges my request and advises me to complete the response pack attached to the CCBC.

The ball is rolling....

jjay33

***UPDATE***
Acknowledgement of my defence came through today from BWL, with confirmation their client intend to proceed. Let's hope they get their paperwork in to the court in time eh?