Court claim

alcaw76

OK thanks, I'll have a good look.

alcaw76

Do you think my main defence point that the Notice to Keeper arrived one day after the 14 days as stipulated by the Protection of Freedoms Act 2012 will stand up in court, or is the judge likely to offer the claimant leeway in this regard?

alcaw76

Correction - it arrived 4 days after the 14 days but was dated by the, one day after the 14 days expired.

KeithP

What is the date of the alleged parking incident?

What is the date on the Notice to Keeper?

alcaw76

Alleged parking incident: 12th June 2017
NtK states: 'Issued Date: 27th June 2017'

The letter arrived at my house on 30th June 2017

KeithP

So as 27 June 2017 was a Tuesday, POFA states that it will have been deemed delivered on Thursday 29th June.

Clearly it was delivered outside the time limit allowed to be able to transfer the driver's liability to the keeper.

That's all.

Does the PPC know the identity of the driver?

Umkomaas

You are likely to have to talk the Judge through the requirements of the Act and how the PPC has failed and cannot hold the keeper liable. Not every Judge will be well versed on PoFA, especially some of the finer points. Second guessing what a Judge might decide is dodgy territory.

So you shouldn't rely wholly on that one point. But a number of PPCs don't even use PoFA to pursue the keeper, they try to imply that in the absence of any evidence to the contrary, the keeper was the driver and quote rubbish like the criminal case of Elliot v Loake as some kind of precedent. So gearing yourself up to fight on the grounds of PoFA, might be a bit of a damp squib if you find they are not attempting to do so.

None of this stuff is straightforward, you will need to get a good understanding of the issues, in order to ultimately get all your ducks in a row to defend successfully.

Redx

Beckham paid Nick Mr Loophole Freeman something like ten grand a day to get him off a speeding charge which he did based on the notice in the post arriving one day late

but that wasnt about POFA, so a judge may decide that they tried to comply and can decide against you if they wanted to, plus as detailed above the question may be is the keeper also the driver, if so then POFA is irrelevant

the judge may even decide to ask you this, in court

so although this MAY be won on a technicality, it may just as easily be lost by somebody expecting a similar result to Beckham, and failing

its a good defence point , but one of many

alcaw76

KeithP wrote: »

So as 27 June 2017 was a Tuesday, POFA states that it will have been deemed delivered on Thursday 29th June.

Clearly it was delivered outside the time limit allowed to be able to transfer the driver's liability to the keeper.

That's all.

Does the PPC know the identity of the driver?

No they do not.

alcaw76

Redx wrote: »

its a good defence point , but one of many

Point taken. In which case my only other defence (if it can be called that) is that I offered to go to an independent adjudicator and they ignored this offer and starting sending threatening letters. Am I on a sticky wicket??