parking charge - at county court defence stage

Coupon-mad

The original was from PCL

And was the Notice to Keeper a POFA compliant one in wording and deadline? You have the POFA in the NEWBIES thread or can Google it to read Schedule 4 of the Act for yourself - it is in EASY to read, bullet points.

If the PPC are a small one with a non POFA PCN, in this case I disagree with bargepole and as with most BW Legal cases, I would include the stuff about 'no keeper liability' for this PPC, if the NTK is non-POFA.

I agree not to hide behind it v ParkingEye or UKPC, or others who use the POFA, but with a small PPC, check the NTK against para 8 or 9 or the POFA and keep 'no keeper liability' in.

It won for Lamilad v Excel, and has won lots of non-POFA cases where a Judge doesn't ask who was driving.

Which is your local court you will be choosing in your DQ (next document )?

mbaxter123

Ive deleted the POFA bit. I really cant find the NTK. So is ot better to post this off or to fill in the online form. I did AOS online.

Umkomaas

Don't send your defence via the MCOL online form as it will make a total mess of all formatting.

You do it via an attachment to an email, converting your document to a pdf file, print it, sign it, then scan it to enable you to send a signed electronic copy.

Check the NEWBIES FAQ sticky, post #2 for full instructions on how to submit your defence.

Le_Kirk

Umkomaas wrote: »

Check the NEWBIES FAQ sticky, post #2 for full instructions on how to submit your defence.

OR check out this link to a post by KeithP with a very succinct method of submitting defences. OBVIOUSLY, the dates refer to another poster's case NOT yours.

mbaxter123

Ok defence sent! Lets see what happens XD

mbaxter123

So they have received my defence. I have received now a 'small claim direction questionnaire' correct me if im wrong but i think i need to say no i want a court hearing?

KeithP

mbaxter123 wrote: »

So they have received my defence. I have received now a 'small claim direction questionnaire' correct me if im wrong but i think i need to say no i want a court hearing?

Reading between the lines I'm guessing that DQ is from the Claimant's solicitor.

As you know, you can expect a DQ from the County Court Business Centre, and full details exactly how to answer every question on it are available in Bargepole's walkthrough linked from post #2 of the NEWBIES FAQ sticky thread.

Redx

your "must do" is to ALWAYS read that post #2 of the NEWBIES FAQ sticky thread and especially the bargepole post or posts , that way you know what is coming and are prepared for it , otherwise all we will do is point you back at that thread and link and post or posts

whan you said earlier "lets see what happens", it was obvious "what happens next" because BARGEPOLE wrote that timeline of events 2 years ago and it hasnt changed apart from emailing has taken over from sending off the defence etc


read this thread that has gone from start to finish with CEL involved, see all their mistakes and assumptions and its all pointed out in basic terms so that KAY ended up doing the right things and winning her case

https://forums.moneysavingexpert.com/discussion/5650838/fine-from-civil-enforcment-help

if you read it and follow the progress (like I have just done) you can see all the stages

Coupon-mad

mbaxter123 wrote: »

So they have received my defence. I have received now a 'small claim direction questionnaire' correct me if im wrong but i think i need to say no i want a court hearing?

Gladstones tactic is covered in the NEWBIES thread in detail, no need for any poster to ask.

mbaxter123

I finally found the info on the N180 form. I have filled it in and will copy it tomorrow at work. Then post out.

Just looking at their form. They have put TBC in the witness box? Surely this cannot be allowed.

Thanks guys