Question about identifying driver

jessie_jean

Hello,
I'm putting together a draft defence after recieving an mcol due to incorrect vrn. I appealed with the ticket and did not reveal the driver. However, I did go on to complain to the landowner (who told me there was nothing they could do) and my local MP (whom i await a reply), and I may have identified the driver in these cases.

As i may have revealed this information to others, should this have any effect on my defence, can i still use my right not to reveal the driver in court (if it goes that far) if i have already done so elsewhere?

After reading through the newbies section I am feeling positive about the initial NTK. I had not realised the relevance before but the pcn Issue date is 17 days after the incident date, and i recieved it in the post 2 days after, so on the 19th day. I hope I am right in saying that this is not POFA2012 compliant, which is a good thing?

If so, one thing i don't understand, is why these companies are truthful about the dates they issue them, all the evidence points to the use of underhand business practice so why aren't these dates 'edited' to enable them to comply? Not complaining obviously, just curious - perhaps i have misunderstood something along the way!

waamo

I doubt the landowner will have spoken to the ppc. Even if they did they can't swap information.

Quentin

Regarding the NTK - was there a windscreen notice put on the car when it was parked?

jessie_jean

Thank you to you both for your replies. No, there was no windscreen notice, just a pcn in the post. If the incident was day one, then the pcn was issued on the 17th and received by me on the 19th.

Quentin

Are they relying on POFA in their claim?

Umkomaas

Please tell us which parking company as there are variations in the way many of them operate. We can give you more precise guidance then.

jessie_jean

The particulars of claim:

Claim for monies relating to a parking charge for parking in a private car park managed by the claimant in breach of the terms + conditions (T+Cs) Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site. Debt and damages claimed the sum of 236.
Violation date XXX
Time in XXX Time out XXX
PCN Ref XXX
Car registration no. XXXX XXX
Car Park XXX

Total due 236.00
The claimant claims to sum of 253.07 for monies relating to a parking charge per above including 17.07 interest pursuant to S.69 of the County Courts Act 1984.
Rate 8.00% pa from dates above to (DATE XXX)
Same rate to judgement or (sooner) payment.
Daily rate to judgement- 0.05
Total debt and interest due 253.07

Signed: Civil Enforcement Ltd
(Claimaints Legal Representative)

Thats the particulars of claim, plus the court fee and their legal rep costs, which comes to 328.07.

It doesn't seem to give a lot of details. I would say it assumes i am the driver but i'm really not too sure. I've read through lots of other CE Ltd threads and it seems this is a standard template. The lack of details is another point i have included in my defence. I hope i can still use the invalid NTK in this case though?

jessie_jean

Ah, sorry i should have said, it's Civil Enforcement.

Umkomaas

Just do a forum search on 'CEL Defence' and use a recent one. CEL cases are almost all identical - they will withdraw their claim before it gets to a hearing if you put together a solid defence and follow all the pre-hearing requirements placed on you by the courts.

HOW TO USE THE FORUM SEARCH FUNCTION:

Use the Forum Jump button (one near the top and one near bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.

Have you acknowledged receipt of the claim (AOS) yet? What is the 'Date of Issue' on the Claim form?

jessie_jean

Thank you for your swift reply. Yes, i have acknowledged receipt and have until Tuesday 31st to file my defence but i will put it in tomorrow to be safe!

KeithP

What is the Date of Issue on Your Claim Form?


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

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.