Port of Wells POPLA Appeal Advice

KeithP

Lizb59 said:

Issue Date is 21 Feb 2020. 

With a Claim Issue Date of 21st February, you have until Wednesday 11th March to file an Acknowledgment of Service. If possible, do not file an AoS before 26th February, but otherwise there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou 

About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Wednesday 25th March 2020 to file your Defence.

That's a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

When you are happy with the content, your Defence could be filed via email as suggested 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. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Of course everywhere I have said 'you' or 'your' I mean the named Defendant.

Lizb59

My son has sent off AOS and is now preparing his defence.
He's planning to base his defence on the grounds of  unclear signage; is this the best course of action or are there other facts he should include? By the time he had the opportunity to read the signage on the payment machine, it was within ten minute grace period; should he include info about what time he entered the car park or could this be used against him? In one of the cases mentioned on MSE it points out that a camera showing entrance and exit is not evidence of insufficient ticket purchase; would this be a good line to take or should he avoid admitting time of arrival or that he was driving? He says that the time they have registered him entering is 10 mins earlier than he recollects; are there other cases where they have made out an earlier entry time?

Coupon-mad

Use the new defence template I wrote, that is on a new thread this week, and change the red bits to suit.   No link given, we encourage newbies to hop around and read the forum posts and look for ones they know were written by certain people or that contain a certain heading.

Other posters have started to use and adapt the new template defence and it seems to have made the defence stage easier.  It's not in the NEWBIES thread yet as it is so new. 

It is designed to make more Judges strike out PPC claims without any hearing, like in the Skipton court case that we hope you read about today as well...another new thread that everyone needs to read!

FrankCannon

Lizb59, do you have Adobe Acrobat PDF viewer installed on the PC ? If not, then installing it may allow you to download the document, otherwise follow these instructions to open PDF files in Chrome ;

https://support.google.com/chrome/answer/6213030?hl=en-GB

Coupon-mad

He says that the time they have registered him entering is 10 mins earlier than he recollects; are there other cases where they have made out an earlier entry time?

There is no way I can find it because the search function on the forum has been wrecked by the recent update and is unusable IMHO, but there was an NCP thread where the camera 'in' time said the car drove in four minutes AFTER the time they said the PDT machine inside the car park, took the money!

FrankCannon

Is the the case you were thinking of, Coupon-mad ?

https://forums.moneysavingexpert.com/discussion/6084617/last-minute-defense-for-unfair-pcn/p1

The evidence is posted on page 4.

Coupon-mad

That's the one, well found!
https://imgur.com/a/LY5Ao1k

D_P_Dance

I agree with CM, I am struggling  with the search facility as well.  

Lizb59

My son left the SAR claim form behind so I sent them in the post a week ago as tracked royal mail and they haven't arrived so am thinking we should email to get this sent to him quickly. Does anyone know where to find email address for us to get information he received from SAR and claim form letter?

Lizb59

FrankCannon said:

Lizb59, do you have Adobe Acrobat PDF viewer installed on the PC ? If not, then installing it may allow you to download the document, otherwise follow these instructions to open PDF files in Chrome ;

Yes I have adobe installed and can check defaults for opening pdfs but don't think this is the reason.