SCS Law want £600

GreatWhite

What do you guys think?

Would this be okay to submit?

northernt01

Coupon-mad wrote: »

Were these ANPR camera PCNs, if so were they received within 14 days of the event?

Or were they windscreen PCNs, in which case were the NTKs received between day 29 and day 56?

Do they have the right words on for keeper liability, when compared to para 8 or 9 of the POFA? It's linked in the NEWBIES thread post #1, for people who 'want to dig deeper'. So you can check yourself, it's easy, it's bullet points, nothing legalese!

Have you ever said who was driving?

URGENTLY go back to your first post and remove the awful admissions, DO THAT NOW!

do you have the answers to coupon mad's questions above as they would be helpful for your defence?

a lot of the defence youve posted is based on a 'residential/ own space' case and Is not relevant to your situation so anything relating to that will need removing

Umkomaas

The draft defence needs a total overhaul/complete reworking.

1. It's a copy and paste relating to a residential parking situation - did that not jump out at you as being totally inappropriate to your case OP?

2. You've copied and pasted stuff about the PPC being an IPC operator - UKPC is a BPA operator.

Please find a more relevant defence (forum search on 'UKPC Defence'), but don't pick another residential one.

Please thoroughly proofread your draft before posting. You shouldn't expect regulars to have to pick out fundamental errors - as in the example you've copied above.

GreatWhite

northernt01 wrote: »

do you have the answers to coupon mad's questions above as they would be helpful for your defence?

a lot of the defence youve posted is based on a 'residential/ own space' case and Is not relevant to your situation so anything relating to that will need removing

Yes I replied to those questions earlier on. They were windscreen PCN and no I never said who the driver was.

KeithP

GreatWhite wrote: »

Yes I replied to those questions earlier on. They were windscreen PCN and no I never said who the driver was.

No you did not answer them earlier, and even now you have ignored half of them.

Here they are again:

Were these ANPR camera PCNs, if so were they received within 14 days of the event?

Yes, you have now answered that one.

Or were they windscreen PCNs, in which case were the NTKs received between day 29 and day 56?

You have now said they were windscreen PCNs, but still have not told us when the NtKs arrived?

Do they have the right words on for keeper liability, when compared to para 8 or 9 of the POFA? It's linked in the NEWBIES thread post #1, for people who 'want to dig deeper'. So you can check yourself, it's easy, it's bullet points, nothing legalese!

You appear to have completely overlooked or ignored this question.

Have you ever said who was driving?

Yes, you have now answered this.

GreatWhite

The NTK's did arrive arrive within the dates stated.

In regards to the keeper liability, there's no mention of that anywhere.

Hope this helps.

KeithP

GreatWhite wrote: »

In regards to the keeper liability, there's no mention of that anywhere.

you need to compare the wording that is there on the NtKs with that in para 8 of PoFA.
There is a link to Schedule 4 of PoFA in post #1 of the NEWBIES FAQ sticky thread.

As it says in that NEWBIES post:

Want to dig deeper? Check the compliance of your Notice to Keeper, if the PPC is citing 'keeper liability' under the POFA. Here's a link to Schedule 4 of POFA 2012 which applies in England/Wales only (look for the words shown in paragraph 8 if it's a 'windscreen ticket followed by a NTK', or the words in paragraph 9 if it's a postal PCN only):

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

GreatWhite wrote: »

Hope this helps.

Me too.

GreatWhite

In regards to the draft I posted, if I was to just take out the paragraphs from 7-11, would that be okay?

I ask because I need to submit this by tomorrow.

KeithP

If you did that, the heading above para 12 needs adjustment - remove 'alternative'

Para 12 needs adjustment.

Para 12.1 needs adjustment.

Para 12.1.2 refers to IPC CoP - but Umkomaas has already told you that.

Para 12.2. needs adjustment.

Para 13 needs adjustment - talking about lease easements.

Para 14 also discusses residential situations.

As Umkomaas said earlier, you picked the wrong starting point.

On 24 March you told us you have received a Claim Form.
What is the date of issue on your court claim form?
Are you sure your Defence needs to be emailed tomorrow?

I don't see it mentioned, but did you do the Acknowledgement of Service within fourteen days of service of the Claim Form?

Coupon-mad

GreatWhite wrote: »

The NTK's did arrive arrive within the dates stated.

In regards to the keeper liability, there's no mention of that anywhere.

Oh yes there is, it's UKPC and we see these all the time. On the front low down on the NTK, it tells the keeper they will be liable (the 28 days to keeper liability statement: 'if, after the period of 28 days beginning with...'). Please read it properly.

Either that, or you have got the weird UKPC ones that go on about an odd 42 days!

So, what does YOUR NTK say about keeper liability, and the answer is not 'nothing'.