***Update*** Claim dismissed!

Molts

What makes you say they are relying on para 9, specifically?

"This notice is given to you under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012"

Quoted directly from their own NtK...along with an unsightly "speed camera" icon at the top.

This was their response in their rebuttal to my POPLA appeal:

The Appellant states the notice to keeper is not POFA compliant. The Appellant states the notice is not in accordance with paragraph 8 because it has been issued in conjunction with paragraph 9, this is not correct. The criteria of paragraphs 6 and 8 have been complied with.

Coupon-mad

OK. It is worth mentioning but not a silver bullet, as para 8 and 9 are similar in terms of the warning about keeper liability.

Molts

Lucky to have off-forum support with this case from two of our well known and respected forumites but will update this post with the relevant info in the hope of benefitting from some of your excellent advice.

Case has been through the normal channels. Decided to name driver following LBC issued to RK as strongly felt that residential defence had a better case as POFA followed (albeit tentatively).

Currently constructing defence based on most up to date template and will post the personalised sections on here for critique.

Main personalised defence points will revolve around the following:

1. Forbidden signage – impossible to form a contract. Both terms on the signage relate to “pre-authorised vehicles and visitors permits neither of which were in place at the time of the parking event. I’m currently trying to extract evidence from the landowner that this is not the case
2. Primacy of contract – not an own space case but parked on an access road for the purposes of loading/unloading. Nothing in tenancy agreement to allow a 3rd party to unilaterally alter the lease agreement utilising all the relevant info from PACE v Bull, Jopson v Homeguard and PACE v Mr N

Claim form received: 29/07/21
AoS submitted: 03/08/21

Le_Kirk

It is "forbidding" signage!

KeithP

Molts said:

Claim form received: 29/07/21
AoS submitted: 03/08/21

You say the Claim Form was received on 29th July, but what is the Issue Date on that Claim Form?

What does you MCOL Claim History say about when your Acknowledgment of Service was filed?

Molts

It is "forbidding" signage!

Ha it is indeed! Although I would like to argue it should be forbidden!

Molts

You say the Claim Form was received on 29th July, but what is the Issue Date on that Claim Form?

Apologies. Issue date on claim form is 29/07/21

What does you MCOL Claim History say about when your Acknowledgment of Service was filed?

A claim was issued against you on 29/07/2021

Your acknowledgment of service was submitted on 03/08/2021 at 13:11:14

Your acknowledgment of service was received on 03/08/2021 at 14:05:13

KeithP

Molts said:

You say the Claim Form was received on 29th July, but what is the Issue Date on that Claim Form?

Apologies. Issue date on claim form is 29/07/21

What does you MCOL Claim History say about when your Acknowledgment of Service was filed?

A claim was issued against you on 29/07/2021

Your acknowledgment of service was submitted on 03/08/2021 at 13:11:14

Your acknowledgment of service was received on 03/08/2021 at 14:05:13

With a Claim Issue Date of 29th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 31st August 2021 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence, but please don't leave 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.

Molts

Thanks Keith. Working on it as we speak. Will post up first draft asap.

Le_Kirk

Molts said:

Thanks Keith. Working on it as we speak. Will post up first draft asap.

Just post the paragraphs that you change 2 & 3, we don't need to check the rest as it was written by @Coupon-mad and won't need checking.