Varley Park University of Brighton - County Court Claim

basher52

Redx wrote: »

I do not have legal training to check defences so decline those offers and requests, apart from making suggestions about obvious errors and spelling mistakes which are sheer common sense and due diligence

I would have thought that you have already told us the ISSUE DATE and that KeithP gave you chapter and verse on submissions by email as a pdf attachment ? including deadline dates ? he usually does and I would not contradict his advice at all ( see post #11 on page one)

my advice has been based on over 6 years experience on here advising about private PARKING TICKETS like yours, not court issues as this is not a legal aid forum, its a consumer rights forum and it should never have got this far , hence why you and I are backpedalling

POFA is the law that can or could make you as Registered Keeper liable, it was enacted from october 2012 , so over 7 years ago

POFA is the only way they can extort money from you as RK, if OPS complied with POFA

it would help if you complained to the BPA with copies of those SAR ntk documents etc , a brief timeline of when they are all issued and what each one was (windscreen NTD , postal NTK 31 days later etc), plus attach the pdf to the complaint so they can see them and they can check the breach of clause #19 etc (they should have given you as keeper the opportunity to name the driver too)

it would help your defence if they have failed POFA and breached the BPA CoP too, hence my replies today to you, to get your ducks in a row

rattling the cage may make them think twice and maybe back down , you never know

your defence should at least contain no landowner authority , poor and inadequate signage causing the pcns to be issued , BPA CoP failures , POFA 2012 failures , the CRA 2015 , abuse of process etc


a judge could take a dim view of you not appealing to OPS and then not appealing to POPLA , court is the last resort

Sorry, what is CRA 2015? Thank you

KeithP

basher52 wrote: »

Sorry, what is CRA 2015? Thank you

Try putting CRA 2015 into google and all will be revealed.

basher52

Redx wrote: »

ok , so break it down

a) seems to be a windscreen ticket issued to the driver on the day , a NOTICE TO DRIVER , not keeper (note that fact , not keeper) , so an NTD (pcn)

b) an NTK (pcn) issued about a month later , posted to the keeper and the initial contact to the actual Registered Keeper, so this postal pcn is the actual NTK , because they cannot obtain keeper details in the first 28 days , not allowed at all

so that NTK should have had the POFA warning on it , plus the 40% discount from £80 down to £48 for early payment within 14 days, or appeal within 28 days

any reminder letter would come perhaps a fortnight to a month later , or longer, no discount and the full £80 owing

so 2 or 3 pcn,s in total (invoices)

I would check the other 3 and see if all 4 follow the same pattern, assuming they do and the discount was not offered in any of them at all, report them all to the BPA with copies of all paperwork for not discounting the charge in all 4 NTKS that were issued some 30 days after the initial windscreen ticket

so I think that you DO have the NTK,s , but they are totally incorrect and breach the BPA CoP, even if they are POFA compliant


read section 19.7 of the BPA CoP

I have read section 19.7 of the BPA CoP and it looks a bit vague but 20.13 says they must follow section 9 of the actual PoFA2012

basher52

KeithP wrote: »

Try putting CRA 2015 into google and all will be revealed.

Is there a particular part? Very non legal ease. I I think I understand what its saying ( Not covered 5.2.c) But again its very non layman.

The BPA CoP looks like a deliberate attempt at being vague. the actual law is much more defined. Unlike CRA 2015

KeithP

basher52 wrote: »

Is there a particular part? Very non legal ease. I I think I understand what its saying ( Not covered 5.2.c) But again its very non layman.

Yes, those parts that you have been referring to in your draft Defences that you have shown us.

In particular, look at paras 18.3.4, 18.4, 18.5 and 19 in your third draft Defence.

It is important that you understand your Defence. Both the Judge and Claimant may ask you questions about it at the hearing.

And by the way, just before para 18 in that draft Defence, you have written:

The Consumer Rights Act 2015 ('the CRA') is against this claim

So why were you asking earlier what CRA 2015 means?

Coupon-mad

You just need to read CEC16's thread to see how the CRA was used and can be used! It is REALLY important to read that thread. I can help you in court if I am free that day, but is it worth a Defendant knowing what's what about their own defence of course.

A NTK that follows a windscreen PCN does not have to offer a discount, so was this a NTK that followed a windscreen PCN?

What date was the parking event (month and year)?

basher52

Coupon-mad wrote: »

You just need to read CEC16's thread to see how the CRA was used and can be used! It is REALLY important to read that thread. I can help you in court if I am free that day, but is it worth a Defendant knowing what's what about their own defence of course.

A NTK that follows a windscreen PCN does not have to offer a discount, so was this a NTK that followed a windscreen PCN?

What date was the parking event (month and year)?

Yes, the PCN's placed on the windscreen on 15/10/18, 23/10/18, 5/12/18 and 6/12/18. NTK's to keeper were issued 15/11/18, 23/11/18, 7/01/19 and 8/1/19. PoFA 9g seems to suggest that the discount should have been in the letter to keeper.

basher52

KeithP wrote: »

Yes, those parts that you have been referring to in your draft Defences that you have shown us.

In particular, look at paras 18.3.4, 18.4, 18.5 and 19 in your third draft Defence.

It is important that you understand your Defence. Both the Judge and Claimant may ask you questions about it at the hearing.

And by the way, just before para 18 in that draft Defence, you have written:

So why were you asking earlier what CRA 2015 means?

Yes, I am guilty of cutting and pasting C-M's template.

basher52

Coupon-mad wrote: »

You just need to read CEC16's thread to see how the CRA was used and can be used! It is REALLY important to read that thread. I can help you in court if I am free that day, but is it worth a Defendant knowing what's what about their own defence of course.

A NTK that follows a windscreen PCN does not have to offer a discount, so was this a NTK that followed a windscreen PCN?

What date was the parking event (month and year)?

Where can I read CE16's thread on CRA, please

basher52

basher52 wrote: »

Yes, I am guilty of cutting and pasting C-M's template.

Thank you. My draft on #75 changed the numbers. Following recommendation to remove one section, section 18 is now 17. But the same applies

Thank you