Varley Park University of Brighton - County Court Claim

basher52

The PCN posted to my address is dated 31 days after the date of the alleged issue. I am not sure if the driver received the actual windscreen ticket.

Is this correct?

Thank you

Redx

basher52 wrote: »

The PCN posted to my address is dated 31 days after the date of the alleged issue. I am not sure if the driver received the actual windscreen ticket.

Is this correct?

Thank you

It's a correct timescale under POFA , if , and I mean IF , a windscreen notice was issued , but fails an anpr captured incident (or man with camera or ANPR capture but no windscreen ticket)

So is ok for a notice to driver followed by a postal notice to keeper , providing the correct POFA requirements are met ( not just timescales)

But it fails the 14 day POFA timeline for a postal NTK only (no windscreen ticket issued)

It's your job to check which scenario it was , because you have the paperwork ( or requested and received it in a SAR request)

They could use balance of probabilities to assume you were the driver , a driver has no POFA protection at all , so bear this in mind regarding your defence

It's either a keeper based defence hiding furtively behind POFA

Or it's a driver witness defence , not including POFA , but using other legal arguments

basher52

Redx wrote: »

The abuse of process post #14 and the Crystaltips76 judgment by DDJ Joseph indicate the additional charges are not recoverable due to the Beavis judgment in the Supreme court

The newbies thread explains how to check an NTK against the law named POFA , surely you have studied it by now ?

Below the claimant s full name near the beginning ,. Add yourself as defendant , as seen in the bargepole defences , copy his style of defence for your own header and footer , again it's in that newbies thread , your go-to source for information

I have read but remain confused. If the NTK is dated 31 days after event, it excludes the keeper from paying the discounted amount if thats what they chose to do.

Redx

basher52 wrote: »

I have read but remain confused. If the NTK is dated 31 days after event, it excludes the keeper from paying the discounted amount if thats what they chose to do.

not true

A driver has a window to pay a windscreen ticket with a discount or in full after the discount ends

A postal NTK gives the Keeper a window to pay a discounted rate and a deadline to pay in full or appeal and take it to Popla

basher52

Redx wrote: »

not true

A driver has a window to pay a windscreen ticket with a discount or in full after the discount ends

A postal NTK gives the Keeper a window to pay a discounted rate and a deadline to pay in full or appeal and take it to Popla

The NTK I have advises that the PCN was not paid within 14 days and that £80-00 is now due
Regards

basher52

Redx wrote: »

It's a correct timescale under POFA , if , and I mean IF , a windscreen notice was issued , but fails an anpr captured incident (or man with camera or ANPR capture but no windscreen ticket)

So is ok for a notice to driver followed by a postal notice to keeper , providing the correct POFA requirements are met ( not just timescales)

But it fails the 14 day POFA timeline for a postal NTK only (no windscreen ticket issued)

It's your job to check which scenario it was , because you have the paperwork ( or requested and received it in a SAR request)
They could use balance of probabilities to assume you were the driver , a driver has no POFA protection at all , so bear this in mind regarding your defence

It's either a keeper based defence hiding furtively behind POFA

Or it's a driver witness defence , not including POFA , but using other legal arguments

Driver, advises that tickets were not given for all instances, hence the repeat of error. I am defending as keeper. This is very complicated for layman and although some of the authors of the posts are clearly confident, I am finding it difficult to keep the momentum going. There are so many caveats and it is very stressful.

Redx

We know , but that is the choice you made as Keeper or as driver , you accept responsibility for your own actions or those of others if you are keeper and not driver

There are plenty of motoring laws and pitfalls that you abide by , both criminal and civil , this is civil law , but if your vehicle was uninsured and hit and severely binjured someone , that would be stressful and costly too

To avoid responsibilities completely , do not own a vehicle , do not drive a vehicle , because all this comes with the territory now that you are an adult , same as the rest of us

My answers are factual and correct , emotion doesn't come into court cases , just facts , laws , codes of practice and words having meaning

If a judge or the claimant ask you in court if you were the driver , do not lie because perjury is a worse offence

If you decline to answer , the judge may decide you are an unreliable witness and you are probably the driver on the balance of probabilities , hence POFA babies out if the window and you would be backpedalling if you were the driver

Judges want honesty , so don't assume that POFA will win this and be careful in his you approach this

At the moment you are a scared rabbit frozen by headlights , no idea which way to jump and haven't learned the basics , but that is understandable because you haven't had years of helping out by learning the issues , Rome wasn't built in a day

basher52

Redx wrote: »

We know , but that is the choice you made as Keeper or as driver , you accept responsibility for your own actions or those of others if you are keeper and not driver

There are plenty of motoring laws and pitfalls that you abide by , both criminal and civil , this is civil law , but if your vehicle was uninsured and hit and severely binjured someone , that would be stressful and costly too

To avoid responsibilities completely , do not own a vehicle , do not drive a vehicle , because all this comes with the territory now that you are an adult , same as the rest of us

My answers are factual and correct , emotion doesn't come into court cases , just facts , laws , codes of practice and words having meaning

If a judge or the claimant ask you in court if you were the driver , do not lie because perjury is a worse offence

If you decline to answer , the judge may decide you are an unreliable witness and you are probably the driver on the balance of probabilities , hence POFA babies out if the window and you would be backpedalling if you were the driver

Judges want honesty , so don't assume that POFA will win this and be careful in his you approach this

At the moment you are a scared rabbit frozen by headlights , no idea which way to jump and haven't learned the basics , but that is understandable because you haven't had years of helping out by learning the issues , Rome wasn't built in a day

Fully understand but would rather the actions of others did not cause me to be engulfed in this mess. None the less, I will prepare a further document for the kind attention of the forum. The SAR photographic signage evidence is very small. Problem is they have been replaced at Varley Park and new signage is up. Google has limited historical evidence. Tis a frustration, as you cannot put an old head on young shoulders.

basher52

basher52 wrote: »

The NTK I have advises that the PCN was not paid within 14 days and that £80-00 is now due
Regards

This is the same of all OPS NTK's. Asks for £80-00

Redx

basher52 wrote: »

The NTK I have advises that the PCN was not paid within 14 days and that £80-00 is now due
Regards

The postal NTK would have stated that £80 was due but offered a 40% discount down to £48 if paid within 14 days (early bird discount) , followed by a second postal notice saying that it remains unpaid so the full £80 is due

So a keeper gets 2 postal letters , the first is the NTK with a 40% discount early payment offer , followed by a second letter stating that the full amount is due

These letters arrive regardless of any windscreen notice

The POFA timescales depend on if a windscreen notice was issued , or not , hence 31 days us within the timescales following a windscreen notice , but fails POFA if no windscreen notice was issued

I am trying to give you the facts , but some of your replies are ambiguous due to not knowing the true facts , not understanding POFA , not understanding how easily a keeper bwhi was driving can be questioned , not understanding that evasiveness and no honesty can work against you in court

You are not the first to fail these understandings , but it's your name on the claim form , could be worse if you has a summons due to breaking criminal laws , like vehicular manslaughter , but then you would have legal counsel to assist

Every pcn was£80 because the signs say so , but the BPA CoP requires a 40% discount for early payment, for each one