Anotherr CC Claim - Defence check

Ashspider

I am correct in thinking I will receive a defence pack from them?

Coupon-mad

Absolutely DO NOT name the driver because they could drop this claim and start again with that driver.  Reply and tell them to drop the claim.

Not a defence pack!  A witness statement and evidence, like you are serving to them.

Ashspider

Cheers Coupon-mad. I look forward to seeing their evidence - if it arrives. I have replied urging them to drop the claim.

nosferatu1001

Why would a claimant send through a defence? Only if you filed a counter claim would they have sent a defence, and that would have been months ago
You've filed WS etc already? That was quick!
DId we ever see your WS? Did they comply with POFA to hold the KEEPER - you, presumably! - liable? Yes or No. If No, then as long as you put that in your defence, it sounds like theyre stuffed. Hopefully you can convince the court you were not driving as well! 

Ashspider

Morning. Just had my telephone hearing and it has been adjourned. The judge was pressing the claiment's solicitor on the fact that the notices (5 off) were sent after 14 days - nearer 20 days. The 45min call was primarily about this point and he has asked the solicitor to provide proof that they do not have to comply with this 14 day rule. He has to do this at least 7 days before the next hearing. Anyone know if the notice has to be served to the keeper within 14 days? CAB website says it does.

D_P_Dance

You would be well advised not to seek help from the CAB in matters such as this

Ashspider

I'll stick with this forum. I just did a quick google while they were talking about it. Fingers crossed it is the case.

nosferatu1001

You know this? POFA2012, schedule 4, para 9, requires them to ensure the notice is served on a keeper within 14 days, with day 0 being date of incident. 
If they do not do so, they cannot hold the keeper liable. 

Coupon-mad

You do already know this and should simply point to the POFA schedule 4.  

Of course a NTK can be sent later but legally cannot then hold a keeper liable.  This is basic stuff, really simple.  The BPA explain it here, this is not difficult and a Judge should be better than this!  The Judge could simply have read the POFA Schedule 4:

https://www.britishparking-media.co.uk/blogs/monday-musing-lets-talk-about-parking-charge-notices

Is there a prescribed time limit an operator must send out the PCN?
This is a very common question. This is dependent on whether an operator has decided to rely upon the Protection of Freedoms Act 2012 (POFA) or not, and if they are a member of ours. Schedule 4 of POFA 2012 creates the current legal basis to claim unpaid parking charges from vehicle keepers and hirers, should they not receive details of who was driving.

• POFA notices must be sent within 14 days from the date of the contravention.

• Non-POFA Notices must be sent within 7 months from the date of contravention. This is a Code of Practice requirement and only applies to BPA AOS members.

If the conditions of Schedule 4 of POFA are not met, this does not invalidate the parking charge, but means the operator cannot hold the registered keeper legally liable.

Yep, not rocket science.

Ashspider

Afternoon. Update. Received a letter to say they are not pursuing the case anymore. On relooking at the evidence they presented I think they made a mistake on which letters they included with there Witness Statement but a good result.
Do you think it is worth pursuing with my claim for time & expenses or do I just put it behind me?
Thank you to all that offered advice.