IPC ticket - hire car

KeithP

And the first of those questions was answered in my most recent post.

There are seventeen example Defences linked from post #2 of the NEWBIES thread. Read those and decide which is a close match to your situation and refine it to fit.

minttea1

The amount of info available in the NEWBIE thread and forums is a little overwhelming! However, I can see that Johnersh's appeal is really good, so I'd like to use as skeleton (if not in entirety!). Is there any part of it that might no longer apply?



Also, is it worth my while sending a counter-claim to the management company and parking firm before the court date is received? There's only a week to end of 30 day period in the LbC, need to review the title deeds etc, plus await a response..

Coupon-mad

It's not an appeal, it's a defence draft by Johnersh. The POFA bit will need changing if you were a lessee/hirer, as that section is a different part of the POFA, as we discussed before, with a 21 day deadline and enclosure requirements that were not sent to you with the NTH.

You could threaten to 'add' the Managing Agent to the legal case and say that you will summons them if their agent files a claim (we assume they have not yet if you are saying it's still at LBC stage).

Word it like this suggestion, to focus the MA's minds:

https://forums.moneysavingexpert.com/discussion/comment/76544800#Comment_76544800

It is mainly bluff, by the way!

minttea1

*defence, not appeal!


Would need a bit of clarification on POFA, 21 day deadline and enclosure requirements.

Also, I understand that is is bluff -the only thing about asking the MA to pay is that these are funds collected from residents/owners including us!

Coupon-mad

Would need a bit of clarification on POFA, 21 day deadline and enclosure requirements.

Read the POFA Sch 4, it's very short.

minttea1

Hi, have now received the court claim - have submitted the MCOL acknowledgement today. Will update further with defence draft.

nosferatu1001

What errors did you discover in their POFA compliance?

What is the date of issue? Did you submit before 5 days from date of issue?

minttea1

nosferatu1001 wrote: »

What errors did you discover in their POFA compliance?

Not got that far yet.

nosferatu1001 wrote: »

What is the date of issue? Did you submit before 5 days from date of issue?

Received in post today, issue date 13th January. Have submitted in less than 5 days from date of issue.

nosferatu1001

What IS the date of issue!
Dont make us guess!

It is important because you only get the full 33 days IF you acknowledge on or after day 5.
So if date of issue was 15.01 and you AOS today, you will only get 28 days.

minttea1

I've added the issue date in now - I'm not sure I understand the distinction of 33 days rather than 28, as it's taken 3 days to arrive by post. I'd rather not get into an argument about it.