Ignored PCN for 3 months, should I write to them?

Le_Kirk

Defendant is was visiting a friend

Did you mean to delete one of those words?

2.1 Based on the above, it is my position that

Better as: -

2.1 Based on the above, it is [strike]my[/strike] the defendant's position that

You might want to check out the thread by beamerguy about Abuse of Process and post # 14 on that thread posted by Coupon-mad, which will add ammunition to your point 6. Also search for posts by Johnersh in the last few days about the same subject and how to add the points to the defence in summary and keep the bulk of the argument for the Witness Statement stage.

Random101

Le_Kirk wrote: »

You might want to check out the thread by beamerguy about Abuse of Process and post # 14 on that thread posted by Coupon-mad, which will add ammunition to your point 6. Also search for posts by Johnersh in the last few days about the same subject and how to add the points to the defence in summary and keep the bulk of the argument for the Witness Statement stage.

Thanks this has been very useful.

I have also just read that a NTK shouldnt be issued until after 28 days. I received mine after 8 days. Does this mean I can include this in my defence as VCS are not complying with POFA2012?

Le_Kirk

You need to check what POFA says about it (link in NEWBIE sticky post # 1) and be careful because numbers change depending upon whether or not a NTD was issued.

Umkomaas

Random101 wrote: »

Thanks this has been very useful.

I have also just read that a NTK shouldnt be issued until after 28 days. I received mine after 8 days. Does this mean I can include this in my defence as VCS are not complying with POFA2012?

ANPR camera capture - no later than 14 days

Windscreen ticket not before 28 days and no later than 56 days.

If it's either a VCS red card 'This is not a PCN' or a hand-held camera capture with no windscreen ticket, becoming known as MNPR (Manual Number Plate Recognition), then it seems like the DVLA will release data immediately. A complete dog's dinner!

The only issue in the context of 'not complying with PoFA 2012' is if VCS are transparently pursuing the keeper under the Act. If they're not, then PoFA and its timescales is rather irrelevant. What does their claim and their previous correspondence with you say?

Random101

Le_Kirk wrote: »

You need to check what POFA says about it (link in NEWBIE sticky post # 1) and be careful because numbers change depending upon whether or not a NTD was issued.

I only received a NTK 8 days after the windscreen ticket was left.

Umkomaas wrote: »

If it's either a VCS red card 'This is not a PCN' or a hand-held camera capture with no windscreen ticket, becoming known as MNPR (Manual Number Plate Recognition), then it seems like the DVLA will release data immediately. A complete dog's dinner!

The only issue in the context of 'not complying with PoFA 2012' is if VCS are transparently pursuing the keeper under the Act. If they're not, then PoFA and its timescales is rather irrelevant. What does their claim and their previous correspondence with you say?

It was a VCS red card, the NTK says:
Please note that we have either obtained your name and address as the Registered Keeper of the vehicle from the DVLA in accordance with the Road
Vehicles (Registration and Licensing) Regulations 2002 or, subsequent to our request to the DVLA, you have been named as the Keeper (for example, because ownership of
the vehicle has been transferred to you).

No mention of PoFA, so im guessing I cant include this?

Umkomaas

Random101 wrote: »

I only received a NTK 8 days after the windscreen ticket was left.



It was a VCS red card, the NTK says:
Please note that we have either obtained your name and address as the Registered Keeper of the vehicle from the DVLA in accordance with the Road
Vehicles (Registration and Licensing) Regulations 2002 or, subsequent to our request to the DVLA, you have been named as the Keeper (for example, because ownership of
the vehicle has been transferred to you).

No mention of PoFA, so im guessing I cant include this?

If they're not pursuing under PoFA (check the NtK carefully), they cannot hold the keeper liable.

But that won't stop them pursuing you, because they will argue that they are working on the 'reasonable assumption that the keeper was the driver, unless proved to the contrary'. You are not obliged to name the driver, but if you can provably extricate yourself from their assumption, you're in a good position.

Ultimately, it's likely that a Judge will need to make a decision. VCS often quote Elliott v Loake as their 'authority'. Utter rubbish as that was a criminal case with very compelling, forensic evidence. Easily rebutted, but you will likely need to get your head around it if they quote this case.

Random101

Okay, here is my final Defence. I'm hoping to submit tomorrow or Saturday at the latest.
Again, I have put in Bold the latest additions.

In The County Court
Claim No: XXXXXXX
Between
VCS (Claimant)
-and-
Random101 (Defendant)
____________
DEFENCE
____________

1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant was visiting a friend on the weekend of the alleged contravention. Upon arrival (evening of 08/02/19), a parking permit was issued, where the issuer of the permit asked the duration of the Defendants stay. The issuer was informed that the Defendant would be staying until the morning of 10/02/19, a parking permit was issued upon receipt of this information. It should also be noted that the Defendant left the car park at approximately 10am (15 mins after the fine was issued).

2.1 Based on the above, it is the Defendants position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter. As once the Defendant was issued a permit, this came with the promise of a parking space for the weekend.

3. Furthermore, the car park was unlit and due to the time of arrival, it was difficult to read any signs, as well as the permit issued. Consequently, the Defendant was unaware that they had entered a car park which was operated by VCS.

4. It is denied that a 'charge notice' ('CN') was affixed to the car on the material date given in the Particulars. This Claimant is known to routinely affix misleading pieces of paper in an envelope impersonating authority, bearing the legend 'this is NOT a Parking Charge Notice'. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.

5. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

6. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

7. The Protection of Freedoms Act 2012, Schedule 4 (POFA) makes it clear that the will of Parliament regarding parking on private land is that the only sum potentially able to be recovered is the sum in any compliant 'Notice to Keeper' (and the ceiling for a 'parking charge', as set by the Trade Bodies and the DVLA, is £100). This also depends upon the Claimant fully complying with the statute, including 'adequate notice' of the parking charge and prescribed documents served in time/with mandatory wording. It is submitted the claimant has failed on all counts and the Claimant is well aware their artificially inflated claim, as pleaded, constitutes double recovery.

8. Many informed Court Court Judges have disallowed all added parking firm 'costs' in County courts, such as these cases, struck out in recent months without a hearing, due solely to the pretence of adding 'damages' blatantly made up out of thin air.

(a) In Claim number F0DP163T on 11th July 2019, District Judge Grand sitting at the County Court at Southampton, struck out a overly inflated (over the £100 maximum Trade Body and POFA 2012 ceiling) parking firm claim without a hearing for that reason.

9. It should also be noted that, the Defendant made two attempts to contact the Claimant, in attempt to resolve the situation without the need for court intervention. However, both times the Defendant was ignored.

10. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date

Random101

I'm about to submit my defence, and I have realised that I will be moving back to University at the end of September to do my Masters. I wont be back home until December (Its 2.5 hours away and I work on the weekends). Is there any way I can get them to change the address they send letters to?
Northampton is probably about half way in between anyway so I don't have an issue with the location of the court.

Umkomaas

Random101 wrote: »

I'm about to submit my defence, and I have realised that I will be moving back to University at the end of September to do my Masters. I wont be back home until December (Its 2.5 hours away and I work on the weekends). Is there any way I can get them to change the address they send letters to?
Northampton is probably about half way in between anyway so I don't have an issue with the location of the court.

Is Northampton your nearest court?

You do know that the case can be heard at your local court. You nominate that in the Directions Questionnaire which you will receive after you submit your defence.

That could be the one closest to your University, or the one closest to home. Of course timing of the hearing (probably around 3-4 months away) will be critical. I'm not sure whether you can nominate 2 venues - the uni one before Christmas, your home one after Christmas. Others might advise?

Random101

Umkomaas wrote: »

Is Northampton your nearest court?

You do know that the case can be heard at your local court. You nominate that in the Directions Questionnaire which you will receive after you submit your defence.

That could be the one closest to your University, or the one closest to home. Of course timing of the hearing (probably around 3-4 months away) will be critical. I'm not sure whether you can nominate 2 venues - the uni one before Christmas, your home one after Christmas. Others might advise?

No its not the nearest, I thought since the letter came from them that's where it would be (read something about cuts to local courts so you dont usually get somewhere close to you?)

Sorry I wasn't very clear. I would only be back in December for a week or two and then back to uni. In terms of letters is my only option to get my mum to open everything and send me copies?
I didnt really think this through and I'm not sure how I'm going to deal with this while trying to study for an Engineering Masters!
What happens if the court date allocated to me is not suitable due to deadlines/labs? I wont have this information until October time and I'm sure I would have to let them know of my availability before then?