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Vehicle Control / BW Legal Court Case
Comments
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Thanks again all,
After reading the posts again I think I understand better the requirements of POFA relating to the NTK and liability. The reason i didn't want to use this as the primary point was that i thought the signage issue was stronger. To some extent this is still the case however I have amended the defence to include keeper liability as i think there is a weakness under the following requriements of POFA that the NTK must:
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—
I have photos of the NTK relevant to this claim for review. Unfortunately as a newbie i can't seem to post a link. How do i get around this?
It is also nearly time for me to submit the defence. At this stage do i need to include evidence such as photos and a copy of the NTK or will the basic arguments suffice.
Thanks again,0 -
Copy of NTK
hxxps://drive.google.com/drive/folders/0BxMkWbgklLSialdJVy1XNldBYWM?usp=sharing0 -
Defence is bullet points of everything you dispute about the claim and anything else the court should know such as woeful PoC, non compliance with CPRs/ pre action protocols etcIt is also nearly time for me to submit the defence. At this stage do i need to include evidence such as photos and a copy of the NTK or will the basic arguments suffice.
You don't include any evidence or exhibits at this stage. That comes with your WS nearer to the hearing date.0
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