Last minute defense for unfair PCN

Vickioli

Hello. Long story short..


I'm struggling to write my defense for a unfair pcn. The driver definitely bought a ticket. The PPC sent an email answering the request for a print out of transactions from the machine on that day. It clearly shows the registration of the car and the amount paid and the time it was paid. The 1 hour tariff is £1.60 but £2 was paid as the machine didn't give change so the Driver had OVERPAID by 40pence and left before the hour was up! I only received that information yesterday.



Surely that's a good enough defense? I've been on another site waiting for further advice after i posted the first PCN i received in the post. No one's replied to me since the 14th December but I was told in that reply;



They have failed to comply with the requirements of POFA, to be able to hold the keeper liable. They can continue against the driver if they know who it was.

The failures are:
Failing to deliver the NTK within 14 days, 9 (4).
Failing to give notice of keeper liability, 9 (2) (f)
Failing to give the required statement at 9 (2) (b)
Failing to give period of parking, 9 (2) (a). Moving in front of a camera cannot be parking





I have to include these failures somehow and I'm anxious as to how i get it all down in one email. I can't seem to find a similar thread so that I can use their defense as a template. I don't know what the numbers mean in brackets or the letters? I'm completely out of my depth and I'm afraid I've left it very late as my defense is due tomorrow, 23rd December.



Apologies in advance but any help and advice would be most gratefully received. Thanks.

KeithP

What is the Issue Date on your County Court Claim Form?

Le_Kirk

You read the NEWBIE sticky post # 2, scroll down until you see: -

Here are some defences written .............

and keep reading, following the links, where you will find 17 pre-written defences. Choose the one (or mixture of two or more) that most nearly meets your circumstances, adapt to suit, add your own rebuttal of the POC (on the claim form) and post here for critique.

Vickioli

Thanks for your reply! The issue date is 21st November...

Vickioli

How far down do i have to scroll to find the written defenses please? I can't find that quote you've posted...?

The_Deep

Surely that's a good enough defense?

More than good enough imo, consider counter claiming for harassment/unlawful processing of data.

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Le_Kirk

Vickioli wrote: »

How far down do i have to scroll to find the written defenses please? I can't find that quote you've posted...?

Did you scroll down until you saw: -

Here are some cases won or in progress:

Here is a defence

If you did, you are there, if not, keep scrolling. They will be links to defences, not the actual defences themselves.

Vickioli

Found them thanks!



After looking at the times of the ANPR it seems the driver paid for parking 4 minutes before entering the car park. Could it be the clocks on each device aren't in sync?

Le_Kirk

Vickioli wrote: »

After looking at the times of the ANPR it seems the driver paid for parking 4 minutes before entering the car park. Could it be the clocks on each device aren't in sync?

Well, that's clever, are you driving a TARDIS? It is quite likely (probable) that the clocks are not in synch. This has been widely reported on the forum.

The_Deep

Use that in court, it should hole them below the waterline.

KeithP

Vickioli wrote: »

The issue date is 21st November...

With a Claim Issue Date of 21st November, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 24th December 2019 to file your Defence.

That target date does assume you filed an Acknowledgment of Service in a timely manner. Did you?

When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. 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.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.