County Court claim letter

nosferatu1001

So have they proven the driver wa the same in both visits?
Only the driver could have agreed to the offer to not return.  If it was a different driver on the second visit then no contract was binding on the second driver. 

go-on-then

Sorry if I've missed it but is your pcn POFA compliant ?   A lack of the 9 (2) (f) warning about the keeper being liable makes it a non POFA notice.   If the NTK is not POFA compliant  ( and I'm guessing it isnt )  then the claimant needs to prove on the balance of probabilities that the keeper was driving.  If there is no evidence who was driving at any time, it cannot be assumed the keeper / driver are one and the same at the time of the alleged contravention. 

Also you may have missed point 3) - The notice must relate only to a single period of parking specified under sub paragraph (2) (a)  ( but this does not prevent the giving of separate notices each specifying different parts of a single period of parking )
Has any evidence been given as to how the first period of parking on each occasion is at fault / breach ?  I guess not.   Therefore anything after  ( ie the alleged return )  is a separate matter,  cant be included, doesnt count.

Have you looked at street view for the time of the alleged incident and checked the signage,  does it show ' No return within 90 minutes ' ?
Have you checked with the council about any planning permission re change of signage ? 

There may be no terms and conditions shown at any entrance to the car park and a visitor may have to go back into the carpark to find them, forcing them into a trap. Not allowed ?

If you are doing your witness statement , it's not supposed to be a defence or have new defence points but you may be able to work these in if you wish , if you havn't already got them.  

 You have come this far, do not give in.

go-on-then

Something else that you could maybe look at - 
POFA section 7 (2) (a)-  ' the relevant land ' 
Check the actual address of the carpark,   with the business rates or whatever,  and the address given on your pcn.  Maybe they dont match ?  Is there a carpark on Union Street ??
Could you argue that the alleged contravention did not occur as the vehicle has never parked on Union Street ?  
If so,  provide a map as evidence to the location,  that the address is incorrect and prove it so that they can't logically disagree with you. 

Nathanb

court date is set for 20th and they only sent that reply on monday with work i havnt been given sufficent time to look into there reply. 
Honestly really thankful for all your help just struggling understanding it all and panicking as I need to submit it today really so its within 14 days. I spent ages reading through everything months ago and to be honest I sort of thought it wouldnt be taken to court and they would forget about it.

I have had a week off work sick due to stress about a week ago and then when receiving there letter got me panicking a bit. Given time I could spend a saturday going over everything but I dont have that time. Is there anyway of me applying for an extension?

Redx

It costs money for an extension , probably £100 but possibly £255 , look it up if you want the figure

You have had months to prepare , these things either go to the wire or beyond , never assume that they will discontinue when they have paid 2 lots of fees already ( CCBC fee and court fee )

You paperwork is due tomorrow at the latest , so forget the weekend , get your bundle in ASAP to the claimant and to the court as well

Coupon-mad

Nathanb said:

court date is set for 20th and they only sent that reply on monday with work i havnt been given sufficent time to look into there reply. 
Honestly really thankful for all your help just struggling understanding it all and panicking as I need to submit it today really so its within 14 days. I spent ages reading through everything months ago and to be honest I sort of thought it wouldnt be taken to court and they would forget about it.

I have had a week off work sick due to stress about a week ago and then when receiving there letter got me panicking a bit. Given time I could spend a saturday going over everything but I dont have that time. Is there anyway of me applying for an extension?

You submit it by email tomorrow, having worked on it tonight.  

This is why there is an example WS in the NEWBIES...for people to adapt in one easy step.  Stop panicking.

go-on-then

I know that your pcn wont be POFA compliant.   Really stress the point about point 3,  the pcn  can only relate to a single period of parking. They havn't given any evidence as to how there was anything wrong with the way the vehicle parked the first time it was in the carpark,  because there wasn't,  the alleged return therefore is irrelevant. Both times. 

Remember,  they dont know who was driving at any time so they will have to prove that too.

Nathanb

go-on-then said:

I know that your pcn wont be POFA compliant.   Really stress the point about point 3,  the pcn  can only relate to a single period of parking. They havn't given any evidence as to how there was anything wrong with the way the vehicle parked the first time it was in the carpark,  because there wasn't,  the alleged return therefore is irrelevant. Both times. 

Remember,  they dont know who was driving at any time so they will have to prove that too.

single period of parking? you mean only 1 return instead of both. So they cant take me to court for both charges in one go?Coupon-mad said:

You submit it by email tomorrow, having worked on it tonight.  

This is why there is an example WS in the NEWBIES...for people to adapt in one easy step.  Stop panicking.

Submit it by email to the court?

the thing about the witness statement is I cant even remember why I was in the multi storey car park 2 years ago. Ill try my best anyway and submit what I can.

thank you. I thought id get more time to reply to there letter as I already filled everything I needed to.

go-on-then

 It isnt  ' I  ' was in the carpark, the vehicle was.    Or maybe you were in the vehicle that was in the car park.

Nathanb

go-on-then said:

 It isnt  ' I  ' was in the carpark, the vehicle was.    Or maybe you were in the vehicle that was in the car park.

So Im unsure why the vehicle was in the car park 2 years ago. Im unable to find that information out now due to the length of time that has lapsed since the incident. 

something along those lines