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

Redx

Well done , Gladrags lose again , this time for Horizon

Another one bites the dust !!

Jenni_D

Don't bother with a transcript - it would be a significant expense for little benefit. (You will receive a copy of the written judgment though).

PS - Your only thanks should be to the forum members here who guided you through this. Your deity of choice played no part in the process - in fact if said deity exists they could have prevented this even occurring.

chinners

Jenni_D said:

Don't bother with a transcript - it would be a significant expense for little benefit. (You will receive a copy of the written judgment though).

PS - Your only thanks should be to the forum members here who guided you through this. Your deity of choice played no part in the process - in fact if said deity exists they could have prevented this even occurring.

My first thanks goes to God who created and has kept me - I will always thank Him for keeping me. What happened, happened - I do not believe that God should stop life form happening. Thanks!

Coupon-mad

Well done you - and just to help newbies with Horizon and other non-POFA court claims, here is the point that won it:

4. Non-Compliance with the Protections of Freedoms Act 2012 (POFA)

4.1 There is no requirement in law for me to identify the driver and I do not wish to volunteer this information to a Private Parking Firm. Had this been the intention of parliament, they would have  made such requirement part of POFA. There was more than one driver insured to drive the vehicle in question at the time of the alleged breach. The claimant is attempting to transfer this charge to me as the keeper and is therefore relying upon the POFA (2012)

4.2 I attach an extract from the POFA, highlighting schedule 4 paragraph 8(2)f, where a Private Parking Operator is specifically required to “warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i) the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;”

4.3 I attach the Notice to Keeper issued by HPL on 31.10.18. (HPL07) in which it can been seen that that important warning is missing, rendering the NTK non-compliant in law. HPL have chosen not to use the applicable law and therefore cannot transfer liability to the keeper.

4.4 Henry Greenslade, lead POPLA adjudicator clearly stated (2015) on the issue of transferring liability from the driver to the registered keeper that if ..”POFA 2012 , schedule 4 is not complied with then keeper liability does not generally pass”.

4.5  The Notice to Keeper from the Claimant fails to comply with the strict requirements of the POFA (2012), Schedule 4, including paragraph 8(2)f and therefore the Claimant is incapable of holding the keeper liable.