Letter before action Wells quay

Le_Kirk

finchman said:

Thanks Le_Kirk by the time I'm finished with it it will be as long as war and peace but will have the content of the Beano regards p

Not if you only use the standard defence template and keep your paragraphs 17 & 18 "on point".  The time for War & Peace (if there is ever such a time) is when you construct the witness statement.

nosferatu1001

it will not be war and peace!
You can only write something substantially longer than the template by turning a defence into a witness statement
Dont
Do not do that
You must understand what a defence is - a series of arguments as to why youre not liable - and what it isnt - a full story full of facts of what happened. 

Coupon-mad

BTW you can't contest jurisdiction.  If you acknowledge a claim then you defend that claim, not contest jurisdiction.

nosferatu1001

To be fair they can contest it, but they will lose the application and will be £100 down. 

finchman

You can only write something substantially longer than the template by turning a defence into a witness statement
Dont
Do not do that
You must understand what a defence is - a series of arguments as to why youre not liable - and what it isnt - a full story full of facts of what happened. 

Thanks nosferatu1001 that's where I was getting muddled

finchman

If the pcn was issued by anpr does it come under schedule 9 of pofa

Le_Kirk

finchman said:

If the pcn was issued by anpr does it come under schedule 9 of pofa

Here is a link to PoFA, have a search for Schedule 9: -
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

finchman

Hello Le_Kirk the only difference I can see is 8 relates to 6.1a  and 9 relates to 6.1 b the wording of both are very similar 

finchman

Here is my defence statement as you can see it has about as much chance as a Turkey at Christmas. 
Paragraph 17
The defendant is not the only driver of this vehicle and the Particulars of Claim offers little to shed light on the alleged breach,which relates to an unremarkable event some time ago.It is not established thus far,whether there was a single parking event,or whether the vehicle was caught by predatory ticketing and/or by using unsynchronised timings and camera evidence to suggest a contravention. 
Whilst it is admitted the defendant was the keeper it is unlikely they were the driver at the time.Further, the mandatory requirements to establish keeper  liabity  have not been met and the Defendant is not liable in law
Paragraph 18
Duration of stay 15 minutes not 16 minutes 
The land on which the carpark is situated is within the Wells Harbour estate, which is under statutory control so is excluded under POFA 



The actual time in carpark was 15 minutes 34 seconds so over the 15 minute grace period

Le_Kirk

finchman said:

Hello Le_Kirk the only difference I can see is 8 relates to 6.1a  and 9 relates to 6.1 b the wording of both are very similar 

I don't think that POFA has a section about ANPR.  If you are issued a PCN manually it will be a notice to driver (NTD)  followed by a Notice to keeper (NTK).  If the site is controlled by ANPR, there is unlikely to be a NTD and there will be a NTK, that presumably is the difference you are looking at.  Does the wording on your PCN match EXACTLY the wording on PoFA relating to NTK?