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NTK non POFA and IPC

2

Comments

  • Thanks for the replies. I am aware of the dates regarding when I have to send the AOS that's why I was trying to get SAR in before.
    I will send the SAR this week. I have found another thread dealing with the same company so will draft my defense from that as there has already been alot of support there.
    This really annoyed me when it happened but I see now I just need to get on with the paperwork and get to court.
    Apologies for the american spelling of defence, i have no excuse.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 April 2020 at 7:26PM
    Of course it is entirely up to you whether you answer the question, but I am just checking that you have seen it.

    Here it is again...
    KeithP said:
    What is the Issue Date on your County Court Claim Form?

  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks for the replies. I am aware of the dates regarding when I have to send the AOS that's why I was trying to get SAR in before.
    I will send the SAR this week. I have found another thread dealing with the same company so will draft my defense from that as there has already been alot of support there.
    This really annoyed me when it happened but I see now I just need to get on with the paperwork and get to court.
    Apologies for the american spelling of defence, i have no excuse.
    You've no chance of getting a response to the SAR in time for submitting your AOS.  

    SAR - 30 days to respond 
    AOS - 19 days to submit
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    OP- why are you planning on sending the SAR? Its a 5min job. Its about the simplest letter you can send right now, as theyve been written for you - a simple search should find dozens. 
    Get teh AOS done
    Get the defence written FROM THE TEMPLATE provided in THIS forum. That only requires paras16 and 17 to be changed. 
  • Issue date of court claim is 30/3/20.
    Will send SAR now and check defence template tonight. I did think it would be a narrow gap of getting SAR returned and defence submitted. I'm quite sure they don't have much anyway.

    Thanks.
  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As you say you've found a similar one, you can use the 'best facts' about the car park & event from the thread you found, to put into points #16 and #17 to replace the red bits of the template, change the other red bits and you will have a bespoke defence with three appendices, done within half an hour!
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Issue date of court claim is 30/3/20. 
    With a Claim Issue Date of 30th March, you have until Monday 20th April to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

    To file an AoS, follow the guidance in this post:

    Having filed an AoS, you have until 4pm on Monday 4th May 2020 to file your Defence.
    That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

    To file a Defence, look again at the link above.

    Guidance on creating a Defence is also in that thread - in the first post on that thread.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
  • OK. Have adjusted , retracted some of the statements (only the ones in red) from the defence template.
    I have 2 questions:
    1. Should I include a picture of the Car Park signage to highlight the lack of 'fines' and the company name on it? ( I know this can be later submitted in witness statement as well).
    2.This is a flipping ticket incident. Should it be added that a valid ticket was bought, on display (there was no sticker with the ticket but the ticket number is visible on both the front and back), and a copy emailed to the company?
    Thanks.
    (I know I have left this late and will sort myself if all of you lovely people are busy).


  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Pictures of signs are evidence. Evidence comes later. Evidence is not presented with a Defence.
  • Have ham fisted this together:

    17. The defendant has the valid parking ticket and receipt of payment in their posession. A copy of this ticket and receipt was emailed to the claimant on receiving the non-POFA NTK to verify that the parking fee was paid. There is a number on the front and back of the parking ticket, which if the ticket had flipped over would identify the parking ticket, this was highlighted on receiving paperwork from the claimant but rejected. The tickets dispensed from Stennack car park do not include a sticker to affix the ticket to the windscreen, which will no doubt lead to multiple cases of ‘fluttering ticket’ on a windy day to unsuspecting drivers and potentially registered keepers.

    Opinions?

    I have addressed all of the other red areas on the defence template.

    Thanks.


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