IPC ticket - hire car

KeithP

With a Claim Issue Date of 13th January, and having filed an Acknowledgment of Service on 16th January, you have until 4pm on Thursday 13th February 2020 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

Having filed your Defence, there is more to do...

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post.
3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

minttea1

Coupon-mad said:

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.

In terms of the POFA bit, is the ‘relevant obligation’ bit (5.1) still applicable?

Also, how does the notice to hirer work 'within 21 days' - is that from the end of the initial period of 28 days?

Fruitcake

minttea1 said:

Coupon-mad said:

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.

In terms of the POFA bit, is the ‘relevant obligation’ bit (5.1) still applicable?

Also, how does the notice to hirer work 'within 21 days' - is that from the end of the initial period of 28 days?

As long as the driver has not been identified then (5.1) is still relevant.

You need to compare the NTH line by line with the strict requirements of the PoFA, with particular reference to paras 13 and 14. The dates regarding hire/lease vehicles are different to those for a privately owned vehicle. You will need to read what the PoFA says to determine the start date/finish of any compliance period. 
You have the NTH not us so we can't see whether the scammers have met the timescales or mandatory wording of the relevant PoFA  paragraphs.

minttea1

I didn't receive any correspondence until after my initial appeal to UKCPM, and this was dated 44 days after the issue date of the parking charge (not including postage time). If this letter could be considered a NTH, is this timeframe within or outside of the compliance period in PoFA? That's the bit I don't understand, even having read it!