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Britannia Court Claim Received

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Comments

  • kessik
    kessik Posts: 288 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Should I attach the whole of the PoFA as an appendix or just the extract covering paragraph 9?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    kessik wrote: »
    Should I attach the whole of the PoFA as an appendix or just the extract covering paragraph 9?
    Certainly not the whole of POFA. That runs to 228 pages.

    The whole of POFA Schedule 4 is only twelve pages.
  • kessik
    kessik Posts: 288 Forumite
    Part of the Furniture Photogenic Combo Breaker
    KeithP wrote: »
    Certainly not the whole of POFA. That runs to 228 pages.

    The whole of POFA Schedule 4 is only twelve pages.

    Sorry, I meant just Schedule 4...all 12 pages you think?

    Also can you please see if you think I have enough here Keith for my WS?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    kessik wrote: »
    should i

    1) attach the whole of the pofa as an appendix

    or

    2) just the extract covering paragraph 9?

    1) no

    2) yes (if that is the correct paragraph)
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 July 2019 at 11:21PM
    In my opinion, para(9) of POFA won't be enough.

    You will at least need para(6) to show how para(9), rather than para(8), is appropriate.

    Then what about para(4)?

    Relevant Land para(3)?

    I say take all of POFA Sch4 with you.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I agree in taking all of POFA 2012 schd 4 with you, just in case

    but use excerpts in the WS

    I have seen it mentioned that a judge can look up laws on a laptop or terminal or similar , but handy references on paper are useful in any case

    plus only a fool with deep pockets would print out all of POFA , unless it was their job as a professional legal beagle :)
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I've read the PoFA over and over and I can't work out what I should be putting
    What's the problem or have you resolved it?
    Sorry, I meant just Schedule 4...all 12 pages you think?
    I know I've read it hundreds of times but regarding what's needed in terms of wording and timeline for a NTK, it's about the easiest little section of law I've ever seen and I am just a lay person like anyone else, not legally trained. It's worded fairly simply.

    If you are honestly saying the NTK arrived too late or missed out the 9(2)f wording about 'keeper liability', then highlight the obvious relevant paragraphs so you can see it quickly at the hearing and not flap.

    But if this is all you have (below) then forget that, this is NOT a failure of the POFA in my opinion, especially not if you are saying it was an ANPR PCN, of course there's no period of parking. That is not an example of POFA non-compliance:
    it fails to show any period of parking
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • kessik
    kessik Posts: 288 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Coupon-Mad, I think I'm going to agree with you and I'm not going to include anything about PoFA. I'm going to go with the other points I have because we're on more solid ground with them.

    Is it worth saying that we were a convoy of two cars (well maybe not a convoy :)) - our DIL and son were just getting out of their car as we arrived, we went and ate, walked back and all drove off at the same time....we got a ticket and they didn't. Not that I'm bitter or anything lol. Maybe just put it in my background?
  • kessik
    kessik Posts: 288 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Even as I'm typing this I know it's a stupid question but do I send my Witness Statement to the regular BW Legal Team in Leeds? I thought I saw somewhere in the paperwork the address but now I can't find it. Do most people send by snail or email? And is it safe to email direct to the so-called Claimant employed at BWL if I put a read receipt on it?
  • Le_Kirk
    Le_Kirk Posts: 24,701 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The address (postal or e-mail) for sending anything to the claimant should be on the claim form.
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