NCP PCN/BW Legal

1505grandad

Delete your name and claim number immediately.

The D is written in the third party i.e. no I, me, my etc as per the example Defence.

KeithP

Louyhan said:

I have recently received my claim form dated 15 Dec 20. I have submitted an AOS on 21 Dec 20...

With a Claim Issue Date of 15th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 18th January 2021 to file your Defence.

That's less than a week away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Louyhan

KeithP said:

Louyhan said:

I have recently received my claim form dated 15 Dec 20. I have submitted an AOS on 21 Dec 20...

With a Claim Issue Date of 15th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 18th January 2021 to file your Defence.

That's less than a week away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Thanks, I have used this info, it's really useful!

Louyhan

Coupon-mad said:

Well you might want to take down the attachment as it shows the D's full name at the top.   But I am so glad to know we give people confidence to keep defending and see these nasty parking firms off in court.

But your defence needs to be in the third person, so no 'me/my'I' and are you SURE you are being truthful by denying being the driver (just checking):

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant denies being the driver of the vehicle in question at the time of the alleged offence.

3. I first heard about this parking charge when I received a Notice to Keeper through the post, dated 19 August 2019, 45 days after the alleged offence. I have since felt repeatedly harassed by the bombardment of ‘debt recovery’ letters I have received and I might be taking the point that the Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4. 

 ''I might be taking the point''?    You either are you you aren't.

And #3 there tells the Judge nothing at all about the car park or what happened or why the driver thought they were in the right.  You need details.

Thank you!
I have amended the defence as you said but it won't let me upload for some reason. I can truthfully say I was not the driver. 
In reference to #3, I did have an additional argument that the driver did in fact pay for parking but did so at the end of their stay rather than at the beginning as they mistakenly thought that was the process. (They had previously used this car park some time earlier and had paid at the end, it seems the process has changed.) I have proof of payment from the SARS evidence provided to me which covers more than the allotted parking time. I am not sure to include this in my defence or not, will it be beneficial to my case or do I just go along with the keeper liability defence?

Coupon-mad

Yes you must state that detail in your defence and there is no need to upload a PDF.  We only want to see the changes you made to the template (para 2 and 3).

nosferatu1001

Copy and paste the changed para. Nothing more. 

Louyhan

Para 2 & 3 amended:

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.

The Defendant denies being the driver of the vehicle in question at the time of the alleged offence.  

3. The Defendant first heard about this parking charge when they received a Notice to Keeper through the post, dated 19 August 2019, 45 days after the alleged offence. The Defendant has since felt repeatedly harassed by the bombardment of ‘debt recovery’ letters they have received and they will be taking the point that the Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

The Defendant argues that the driver did pay for parking. Having previously used the car park some months earlier and paid on exit, the driver was of the understanding this was still the case. Payment was made at the end of the stay and the amount exceeded the tariff due for the allotted time parked. There is evidence from the payment machine to prove this point.

How does this sound?

Le_Kirk

Playing devil's advocate, the judge might ask "if you were not the driver, how do you know that the driver paid after the event?"  I am sure you would have an answer but it is best to put it in the defence somehow.

nosferatu1001

"I was informed by the driver..." for example

Louyhan

Le_Kirk said:

Playing devil's advocate, the judge might ask "if you were not the driver, how do you know that the driver paid after the event?"  I am sure you would have an answer but it is best to put it in the defence somehow.

Does this sound better?

'The Defendant was informed by the driver that they did pay for parking. Having previously used the car park some months earlier and paid on exit, the driver was of the understanding this was still the case. Payment was made at the end of the stay and the amount exceeded the tariff due for the allotted time parked. There is evidence from the payment machine to prove this point.'

Thanks for all the tips!