Completed Acknowledgement of Service - defence help needed.

Jodcon2006

I received a PCN whilst parked on waste land with poor sigange. The registered keeper was my mother and therefore she transferred the liability to myself, I do not want to dispute thos incase they chase my mum, she will get to anxious.
I have completed Acknowledgement of Service in the hope I can defend the claim based purely upon the defence of poor sigange. Could someone please indicate if they feel this will be a good enough argument? I have read the forums and will use much of what I have read although other defences also have the assumed liability defence in also.
Hope thos makes sense?

KeithP

Hi and welcome.

What is the Issue Date on the Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Who is the Defendant named on the Claim Form? You or your mother?

Redx

nobody here will comment on how good a defence is, that is the job for the judge and court, pay a lawyer if you want that kind of advice, but dont ask impossible questions

post the DATE OF ISSUE on that claim form

then read post #2 of the NEWBIES thread and do the following

having done the AOS

send the DPO a SAR by email to the PPC themselves, to get all their data etc

then start drafting a defence and post it below once completed, start with the concise defence by BARGEPOLE and adapt it accordingly


like you see advised in this one


https://forums.moneysavingexpert.com/discussion/5917010/no-ticket-wrong-address-pcn-debt-collectors&page=3

ShakeItOff

Definitely get a SAR sent off to the DVLA and the PPC. They have 30 days to respond, so it may not arrive in time for your defence to be filed, but worth doing anyway.

You don't want to rely purely on signage. Have a read of post #2 on the NEWBIES thread, specifically the Bargepole defences. While you will see that they have been crafted for individual cases, you will also see that there are some common themes throughout (landowner authority, signage, contractual issues etc). It is really important that you put as many things in your defence as you possibly can - you won't be able to sneak in any additional defences later.

Also, you may want to search this forum (using advanced search, this board only) for "another one bites the dust" which is the tagline for all successfully defended claims.

When you're ready, post up your defence (anonymised appropriately, of course).

Jodcon2006

Yes it came from Northampton County Court. It is myself named on the form.

Jodcon2006

Due to not being the registered keeper, nor has the claim been acknowledged by myself could this be the main focus of my defence?

KeithP

And again...

KeithP wrote: »

What is the Issue Date on the Claim Form?

Another ten days have passed since your last post. This may well be becoming critical.

Umkomaas

Yes it came from Northampton County Court. It is myself named on the form.

Please answer KeithP's question about date of issue. 10 days have gone by since then so you might be getting precariously close to missing out on getting your AOS done.

Due to not being the registered keeper, nor has the claim been acknowledged by myself could this be the main focus of my defence?

If I understand your question correctly - if your mother (as the RK) has identified you as the driver, the registered keeper is out of the frame, has no further part to play and can form no part of your defence.

Which parking company is involved and which solicitors are representing them?

[Deleted User]

Being named makes some elements of the claim easier. You don't need PoFA, so that's less technical legal argument and a heavier reliance on fact - you can refer to what YOU said/did/signs you saw.

I disagree with a "throw the kitchen sink" approach - better to have fewer good points than lots of average/bad ones obscuring the best argument. That said, you will need to think about what your best arguments might be, so do look at the templates. They are there to help you and to be a guide, not to be wheeled out slavishly.

Umkomaas

I have completed Acknowledgement of Service

nor has the claim been acknowledged by myself

This is a bit contradictory and maybe causing some confusion @OP. Can you clarify what is the actual position?

KeithP

Umkomaas wrote: »

This is a bit contradictory and maybe causing some confusion @OP. Can you clarify what is the actual position?

Certainly is.

In my post earlier this evening, based on the statement "nor has the claim been acknowledged", I urged the OP to do the AoS asap.

I then read the thread title:

Completed Acknowledgement of Service - defence help needed.

...and edited my post to delete that comment.

OP, don't leave it another ten days before responding or you really will be in trouble.