Please help!Letter from Newlyn

nikkietoni

thanks so much Coupon Mad... got this letter in the post today in reply to the  the email i sent...
”Further to your email regarding the above mentioned matter and in particular the hearing for your application to have judgment set aside which took place by telephone.
In answer to your query within the next 5-10 days you and the other side will receive a typed order outlining the Judge’s directions for the telephone conference.
If you require any further clarification upon receipt of that order please phone the court..”
wondering what they mean by “telephone conference?”
so thinking I should leave contacting horizon until she gets that letter!? 

Also she paid £215 got £40 off the fee.
also no admittance to being the driver as was two years 3 months approx before she even knew about the pcn as sent to old address so said to judge she could not remember if she was driving As so long ago.. but she would have usually have paid for extra time. 

Umkomaas

Are you reading other threads than your own?  The small claims court system is moving more towards telephone hearings in view of the current C-19 lockdown crisis. Covered ad nauseam. 

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here#latest

nikkietoni

Yes i did know that thanks. Just didn’t realise there would be a conference as such.. 

Coupon-mad

Also she paid £215 got £40 off the fee.

Right, so she is £215 down already, even though Horizon can't hold her liable in law as registered keeper.  Of course she shouldn't contact them about anything right now but she does need to reclaim that cost when the case continues, and defend it as registered keeper.

also no admittance to being the driver as was two years 3 months approx before she even knew about the pcn as sent to old address so said to judge she could not remember if she was driving As so long ago.. but she would have usually have paid for extra time. 

Have a look at the Notice to Keeper.  She got a SAR from Horizon, we assume, and has a copy of the NTK?  

Horizon probably didn't include the 8(2)f or 9(2)f wording from Schedule 4 (they are well known to use non-POFA Notices) and can't hold a keeper who wasn't 'on the balance of probabilites' driving.  i.e. a keeper of a car that had more than one driver.

The above is just one reason why I said the Judge was wrong to make assumptions about the case, without the details in front of him.  A non POFA NTK is likely, in this case, and if it is not more than 50% likely that she was driving, then she is not liable.

Le_Kirk

nikkietoni said:

Yes i did know that thanks. Just didn’t realise there would be a conference as such.. 

It's called a telephone call when two people are talking to each other but a telephone conference when more than two people are talking, i.e. defendant, claimant and judge.

nikkietoni

thanks... I presume you mean the court case which would be my daughter v horizon regarding the parking charge from them that she never received.. hence the set aside.
i am trying to look at what defence she has so maybe rather than paying them she can get her set aside fee back if successful. Thanks 

nosferatu1001

Yes, that would be what we're discussing. A set aside just resets it to pre-judgement, meaning that there has to be (assuming neither side settles) a hearing. In this case, its almost certain to be via telephone, with you on the line as lay rep again. 
She needs to concentrate on winning the claim. Thats it. Obviously noone should ever tell them who drove, on ANY forum, and lack of POFA compliance will mean they cannot hold her liable. 

Coupon-mad

I suppose the main hearing might be set for later in the year and might be in person anyway, which is preferable.  Certainly she has a defence, have you checked the NTK for the missing 8(2)f or 9(2)f POFA wording yet?

nikkietoni

yes maybe and I will ask to act as her representative either way this time if need be. There is no mention anywhere on The notice to keeper of PofA 
there is a section on page 2 at the bottom saying
Transfer of Liability
”if you were not the driver of the vehicle stated when the contravention occurred or you were the keeper of the vehicle when the contravention occurred  but it was in the possession of another person (either with or without your consent)please provide any information that will lead to the true identification of the keeper/driver responsible by completing the following section and returning to Horizon....and then a three choices to sign & state Who was the driver 

Coupon-mad

It doesn't have to 'mention the POFA' as a law but it needs the 8(2)f or 9(2)f warning words.  Horizon ones don't have it and I believe you will have a non-POFA NTK there.