Help please received county court claim form and unsure how to defend

Le_Kirk

Your link made live: -
https://www.dropbox.com/s/kbv2hek4ge3qli9/WITNESSSTATEMENT DRAFT.pdf?dl=0

I received a Claim Form with the particulars of claim stating the driver of a car I am the registered keeper of the driver of a car of which I am the registered keeper parked in breach of the terms of parking stipulated on the signage (contract) and I was now liable as keeper.

Change as above.
Not sure you need 3.2 as they know you completed the AoS.
3.3 Subsequently, I wrote to Gladstones ........... to enable me to file my......
Change "got" to "receive(d)"
You have not explained why there is a picture of your car (if it is your car) parked encroaching on the next bay.

chinners

Coupon-mad said:

5.2 - you admit to being the driver who visited the first time.  Yet you don't make this clear from the start... and nor do you mention (instead, if intending to defend as keeper) the fact that Horizon don't use the prescribed, mandatory words to transfer liability to the registered keeper.  Decide which stance you are taking, one or the other.

This is bad grammar!

the driver of a car I am the registered keeper of 

And in 5.5. you have the measurements of the sign in Beavis completely wrong.  The sign in that case was....600mm x 800mm !

I will reread the section - I am the keeper. I am defending as the keeper. I made a visit to the site after I received the CCBC form as I did not have any of the communications from HPL and needed details to send in my defence.  I will reread the sentence and amend thanks!!

Coupon-mad

But 5.2 also refers to the parking event 'when I visited' not just the return visit for photos.

And if you are deliberately being cagey at this stage and defending as KEEPER, why on earth is the bomb of the non-POFA NTK not the crux of that defence point?

chinners

d a Claim Form with the particulars of claim stating the driver of a car I am the registered keeper of the driver of a car of which I am the registered keeper parked in breach of the terms of parking stipulated on the signage (contract) and I was now liable as keeper.

Change as above.
Not sure you need 3.2 as they know you completed the AoS.
3.3 Subsequently, I wrote to Gladstones ........... to enable me to file my......
Change "got" to "receive(d)"
You have not explained why there is a picture of your car (if it is your car) parked encroaching on the next bay.

thanks! removed 3.2 and modified the sentence. 
I am not sure how to respond to the encroaching part - I am not sure why the car was parked like that - perhaps the driver was in a hurry or trying to avoid the metal thing at the front

chinners

Coupon-mad said:

But 5.2 also refers to the parking event 'when I visited' not just the return visit for photos.

And if you are deliberately being cagey at this stage and defending as KEEPER, why on earth is the bomb of the non-POFA NTK not the crux of that defence point?

pardon my ignorance @Coupon-mad  It must be the way I wrote it - I was trying to point out that I paid a visit to the site - last year in January after receiving the count court claim. Please help how should I reword? I do not quite understand the non-POFA NTK point tbh. I have read it on many threads but still do not get it sorry.

Coupon-mad

Look at your use of the word 'visit' twice in that para.  Think about it.

chinners

Coupon-mad said:

Look at your use of the word 'visit' twice in that para.  Think about it.

I have changed to "5.2 I paid a visit to the site to take photographs and the entrance sign was at an angle and rather difficult to read with the glaring sun in your eyes. The drive to the parking space was completed without the ability of clearly reading any signage." Is that okay please?
Also on the on-POFA point I crave your indulgence. The NTK was sent within the timescale. There was a windscreen ticket which did not get ot the house but photo evidence in their pack shows one.
The NTK is as below...

We recently issued Parking Charge Notice (PCN) xxxx as this vehicle has breached the terms and

conditions at xxxxxxx  that Horizon Parking (The Creditor) were authorised to manage on

29th September 2018. This PCN was issued on the 29th September 2018 at 11:15 and has not been paid.

The reason we issued the PCN to the vehicle is as follows: No Permit

The terms and conditions of parking on this private land are clearly set out on the signage within the car

park. By choosing to park within this car park, the driver is bound to these terms and conditions and is liable

to pay a charge if the terms and conditions are breached.

We have requested your details from the DVLA as the registered keeper of the vehicle (through the

Reasonable Cause criteria of pursuing an outstanding parking charge). If you were not the keeper of the

vehicle at the time it was parked or if the vehicle was stolen prior to the beginning of the period of parking

which is the subject of this Notice, please let us know. If you were not the driver we ask you to supply the

full name and current serviceable postal address of the driver so that liability of the Parking Charge Notice

may be transferred to the driver.

This PCN was issued on 29th September 2018 and a prompt payment discounted amount of £42.00 was

available if paid within 14 days of issue and to date, full payment has not been received. We now request

the amount of £70.00 is paid using one of the payment methods described overleaf. If within 28 days we

have not received full payment or driver details, an additional charge of £10.00 will be incurred, totalling

£80.00 as the Charge, after which the case will then be passed to our Debt Recovery Agent which may

escalate to court proceedings to recover the amount owed.

I have also read the POFA paragraph 8 from the newbies thread and apart form the time issue I am struggling wqith the non-POFA elements sorry again

Le_Kirk

If you are admitting to being the driver on that occasion, the protection afforded to the keeper by POFA is irrelevant. The keeper has protection from POFA, the driver does not.  You need to decide or determine who was driving on that occasion.
Trying to avoid the metal barrier, which was placed in an awkward position by the parking company, making it impossible to park as you would have wished is a reasonable answer but it needs to be in your defence, if and only if, the particulars of claim or the claimant's witness statement mention it.  If it is just a photo and forms no part of why you received the PCN you should keep it in your back pocket for the hearing.

chinners

Le_Kirk said:

If you are admitting to being the driver on that occasion, the protection afforded to the keeper by POFA is irrelevant. The keeper has protection from POFA, the driver does not.  You need to decide or determine who was driving on that occasion.
Trying to avoid the metal barrier, which was placed in an awkward position by the parking company, making it impossible to park as you would have wished is a reasonable answer but it needs to be in your defence, if and only if, the particulars of claim or the claimant's witness statement mention it.  If it is just a photo and forms no part of why you received the PCN you should keep it in your back pocket for the hearing.

I am not admitting to being the driver. I am defendign as the keeper. I am not clear on how the NTK is non-POFA complaint. I am reading thrugh the POFA, other threads etc.. but still don't quite get it sadly.   

Le_Kirk

OK, I can now see you defended as keeper.
You have to place the NTK side-by-side with the POFA document and go through them line-by-line to make sure that the NTK agrees exactly with the POFA.  There is often confusion around the date and the fact that POFA states: -

at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given 

 rather than 28 days later.  You need to look at paragraph 8 and/or paragraph 9, depending upon whether you/the driver received a NTD followed by a NTK or straight to NTK.