Gladstones LBC for 10-min private residential stay

petallica

I can confirm no PCN was attached to the car - apparently because car drove off before it could be attached.


The NTK went to old incorrect address of keeper (keeper hadn't updated address with DVLA), but not sure whether or not it arrived at old address within that timescale.

Coupon-mad

Did the claim go to the right address?

Have you ever told the Claimant the right address?

The_Deep

petallica wrote: »

Thanks The Deep!


Do you think I should amend my defence to include details of the conversation with the PW?

I do not know, it depends on what was said.

petallica

The Claimant has previously been informed of the correct address and the claim was also sent to the correct address.

I can't remember the details but the exchange with the PW went something along the lines of: Asked PW if there was an issue, to which he replied I needed to display a visitor permit. I asked the tenant if he had a VP, which he did not and was not aware of the need for one or how to obtain one, so I told PW i would move the car promptly in good faith.

The_Deep

I would certainly put it in the WS. Read up on mitigation of loss here

https://www.google.co.uk/search?source=hp&ei=-HY2W_6nF4fikgWq34-gDg&q=mitigation+of+loss+parking+&oq=mitigation+of+loss+parking+&gs_l=psy-ab.3...1776.15827.0.17350.28.22.0.5.5.0.691.3433.0j17j2j5-1.20.0..2..0...1c.1.64.psy-ab..3.23.3486.0..0j0i131k1j0i22i30k1j33i22i29i30k1j33i160k1j33i21k1.0.6CZSXAP3bSU

and add a piece to your defence.

Coupon-mad

Asked PW if there was an issue, to which he replied I needed to display a visitor permit. I asked the tenant if he had a VP, which he did not and was not aware of the need for one or how to obtain one, so I told PW i would move the car promptly in good faith.

Yes that needs to go into your defence and WS.

petallica

Thanks, I'll try to add some wording to the defence about the verbal exchange with the attendant, and the failure to mitigate against losses, and will update soon.

I should add that in the verbal exchange, I believe that the following occurred: I asked him to confirm that there would be no charge, given that we were moving the vehicle off the land immediately, and he agreed that yes, no charge would be issued, but I'm unsure of the exact details and wording used - could this just become a case of my word against his?

KeithP

petallica wrote: »

- could this just become a case of my word against his?

Yes it could, but you are a credible witness and 'your word' is over a statement of truth.

The car park attendant will not be attending court, neither will he/she be providing a witness statement.

petallica

Coupon-mad wrote: »

When (EXACTLY WHAT DATE) did the Notice to Keeper arrive at your house (I am not asking what date was on it)? Was it with you at your place, within 15 days?

I can now confirm that the NtK was sent to the old address (keeper's parents) well after 15 days elapsed since the parking event - is this a breach of PoFA, or a situation where there is no keeper liability?

Fruitcake

petallica wrote: »

I can now confirm that the NtK was sent to the old address (keeper's parents) well after 15 days elapsed since the parking event - is this a breach of PoFA, or a situation where there is no keeper liability?

If no NTD/windscreen PCN, then the NTK must reach the keeper's address (the one registered with the DVLA) by day 14, day zero being the date of the alleged event.
If it didn't, then there can be no keeper liability as it fails the very strict requirements of the POFA 2012.

What is the date of the NTK, and do you still have the envelope? This of course is irrelevant if the scammers know the identity of the driver.