Forgot to inform dvla

Wiljuk

Yes I did my draft order, just put my witness statement up.

I've printed off the BPA code section 13 and will mention that other people drive on my behalf.

Will see what happens

Thank you all for your help.

Wiljuk

Is it paragraph 8 of the pofa I need to highlight?

Coupon-mad

Doubt it. CEL generally don't use windscreen PCNs.

Wiljuk

So CEL don't comply with the conditions specified for paragraph 4 to be enforced.

Wiljuk

I know I keep going on about this but I am a seriously slow learner. I've tried to get my head around this, in court tomorrow so please anyone confirm or deny this:

CEL do not bother with POFA wording so the keeper is not liable because of this? According to the newbies thread I should focus on paragraph 9 as it's a postal PCN I have no way of knowing when CEL sent out documents but from this forum they seem to be late in arriving. Do they not use POFA at all, no reference to it so therefore I say this to the judge.

Sorry I literally need it spelled out and waved in my face several times.

[Deleted User]

If this is a set aside hearing there are a couple of issues:

1. Should judgment have been given?
2. Have you acted promptly?
3. Are the prospects of defending more than false or fanciful? (Note that is a lesser test than good).

The answer to 1 may well be yes, given that you did not update the DVLA.

In answer to the question you pose, there may not be a transfer of liability to the keeper in law (by POFA) but that does not mean that a judge cannot decide, on the balance of probabilities, that you were driving and are therefore liable. Others have made that error before....

The court is unlikely to spend a lot of time investigating the ticket circumstances that is not the function of a set aside hearing?

Wiljuk

Ok now I'm even more confused, yes I didn't update vehicle registration. Will explain to judge why if asked.
I did act promptly.
I don't think they are false, no I dear if they are fanciful.
Facts are
Did not update vo5
Not sure who was driving as it was over a year ago.
Have medical issues of which I now claim disability and have given up my career for 3 years ago.
I'm generally housebound and I am reliant on my car.
I have not used this as a case point as at the time I was not claiming disability and no keeper liability seemed a straight forward point.
Many people use my car on my behalf.
In hind sigh I should have put this as a case to argue but I haven't.
Can't turn the clock back so tomorrow I go in as no keeper liability.
I just need to know which point to focus on in terms of the POFA.
Is there a particular point I can pick out of the POFA that I can use. If not I'm utterly lost as to how this whole arguement works.

If I don't hear from anyone, thank you for all your support.
Great forum, in the lap of the gods now.

Coupon-mad

In hind sight I should have put this as a case to argue but I haven't.
Can't turn the clock back so tomorrow I go in as no keeper liability.

Yes you can...it was very likely you were a passenger...

Stop thinking one argument kills the other. You were allowed more time as a passenger in the car on that day, to shop. That is 'indirect' discrimination and is explained in the defence I showed you already - a service provider MUST make reasonable adjustments of inflexible policies and that includes time limits, which may be sufficient for an able bodied person but not for a disabled passenger to access and comfortably get around the store(s). This has NOTHING to do with whether you were 'claiming disability' at the time!

AND because you do not think you were driving, there can be no keeper liability anyway, because CEL do not use the POFA (the wording of para 9(2)f is not in the NTK) nor does that firm ever claim 'keeper liability' and nor have they provided full Particulars of Claim, or evidence as to who was driving.

Johnersh (a solicitor) TOLD you what to focus on, please re-read his advice, you need to show:

- you acted quickly and that

- the Claimant should have traced your address (Sir Oliver Heald's press release puts the onus FIRMLY on the parking firms, not on individuals who moved house*)

- you are not liable for this charge anyway, as keeper. Because CEL do not bother with the POFA.



As an aside, do you qualify for the £255 to be refunded due to certain benefits?

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

If not, ask the Judge to grant your £255 costs, and your travel/parking for the day, against CEL.



*https://www.gov.uk/government/news/new-measures-to-protect-consumers-from-debt-claims

http://parking-prankster.blogspot.com/2016/12/government-announce-ccj-review-due-to.html

[Deleted User]

Ok so you explain why you didn't receive the paperwork. Explain that you would've engaged if you had and explain how you acted promptly once you found out about the judgment.

Then (and only once you've done that) you explain why you can defend this. As I say, your defence doesn't need to be nailed on - hell, it doesn't even have to be good. It just needs to be an argument that COULD succeed - hence prospects of a successful defence that are more than "false fanciful or imaginary" That is the test in the court rules.

And good luck with the set aside. Fingers crossed!

Wiljuk

Thank you both so much.

I have got my evidence that I responded quickly, emails from clear score and NCCBC.
I have sir Oliver Heald and Henry Greenslade's statements.
I have a section of the BPA code of practice referring to grace periods.
I have the popla report
I have my original witness statement and an adage of my step by step actions when I found out.
I have the POFA report.
I am asking the judge to refund the £255.

Again a big thank you, you have done more than you know. Will let you know the outcome.
Your a great support.