Trace Recovery - 2 years on!?

md9

Hi guys, 

Just in the process of doing my defence, but I just want to clarify, am I *only* emailing it to the address provided in the Newbies thread and not doing it on that portal thingy like AoS? 

Also, I can’t seem to find the defence template, just the paragraph that has to be added at the end of the defence (the 2020 update), so as my defence is purely that I wasn’t the driver at the time, and can prove it, am I simply saying that, or are there particular buzz words that are necessary? 

I have had a good read through so apologies if I’ve missed it. 

KeithP

md9 said:

Hi guys, 

Just in the process of doing my defence, but I just want to clarify, am I *only* emailing it to the address provided in the Newbies thread and not doing it on that portal thingy like AoS?

That's right.

md9 said:

Also, I can’t seem to find the defence template... 

I don't understand that.
In my post of 17 December 2020 at 4:27PM on your thread I wrote:

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

If you were to look at that point in the NEWBIES thread, you would see:

Umkomaas

Also, I can’t seem to find the defence template, just the paragraph that has to be added at the end of the defence (the 2020 update), so as my defence is purely that I wasn’t the driver at the time, and can prove it, am I simply saying that, or are there particular buzz words that are necessary? 

But as NCP have complied with the Protection of Freedoms Act 2012 (Schedule 4), they can hold you liable as the keeper whether you were the driver or not. You need to rethink your defence. 

Ralph-y

If you have already read the links ignore ......

link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

Ralph

md9

Umkomaas said:

Also, I can’t seem to find the defence template, just the paragraph that has to be added at the end of the defence (the 2020 update), so as my defence is purely that I wasn’t the driver at the time, and can prove it, am I simply saying that, or are there particular buzz words that are necessary? 

But as NCP have complied with the Protection of Freedoms Act 2012 (Schedule 4), they can hold you liable as the keeper whether you were the driver or not. You need to rethink your defence. 

That is the facts though, is there a relative defence I should be inputting to support the facts? 

Thanks

md9

KeithP said:

md9 said:

Hi guys, 

Just in the process of doing my defence, but I just want to clarify, am I *only* emailing it to the address provided in the Newbies thread and not doing it on that portal thingy like AoS?

That's right.

md9 said:

Also, I can’t seem to find the defence template... 

I don't understand that.
In my post of 17 December 2020 at 4:27PM on your thread I wrote:

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

If you were to look at that point in the NEWBIES thread, you would see:

Thanks, found it now. 

So I’m just editing parts 2 and 3 and leaving the rest as is? 

KeithP

md9 said:

KeithP said:

md9 said:

Hi guys, 

Just in the process of doing my defence, but I just want to clarify, am I *only* emailing it to the address provided in the Newbies thread and not doing it on that portal thingy like AoS?

That's right.

md9 said:

Also, I can’t seem to find the defence template... 

I don't understand that.
In my post of 17 December 2020 at 4:27PM on your thread I wrote:

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

If you were to look at that point in the NEWBIES thread, you would see:

Thanks, found it now. 

So I’m just editing parts 2 and 3 and leaving the rest as is? 

You can read the guidance as well as I can. 

Le_Kirk

md9 said:

Umkomaas said:

Also, I can’t seem to find the defence template, just the paragraph that has to be added at the end of the defence (the 2020 update), so as my defence is purely that I wasn’t the driver at the time, and can prove it, am I simply saying that, or are there particular buzz words that are necessary? 

But as NCP have complied with the Protection of Freedoms Act 2012 (Schedule 4), they can hold you liable as the keeper whether you were the driver or not. You need to rethink your defence. 

That is the facts though, is there a relative defence I should be inputting to support the facts? 

Your defence is what it is, i.e. if it was a P&D car park, did you P&D?  If it was a permit car park, did you have a permit?  If you didn't see any signs, why was that?  If you overstayed in a free car park, was it because of extra time spent in a Supermarket during Covid 19 restrictions?  If it was residential, you have are de facto, authorised to park there.   Generically, If this, then that!

md9

Le_Kirk said:

md9 said:

Umkomaas said:

Also, I can’t seem to find the defence template, just the paragraph that has to be added at the end of the defence (the 2020 update), so as my defence is purely that I wasn’t the driver at the time, and can prove it, am I simply saying that, or are there particular buzz words that are necessary? 

But as NCP have complied with the Protection of Freedoms Act 2012 (Schedule 4), they can hold you liable as the keeper whether you were the driver or not. You need to rethink your defence. 

That is the facts though, is there a relative defence I should be inputting to support the facts? 

Your defence is what it is, i.e. if it was a P&D car park, did you P&D?  If it was a permit car park, did you have a permit?  If you didn't see any signs, why was that?  If you overstayed in a free car park, was it because of extra time spent in a Supermarket during Covid 19 restrictions?  If it was residential, you have are de facto, authorised to park there.   Generically, If this, then that!

It was a normal town centre NCP car park, but an outside one. 

The driver hadn’t been there for ages and was ‘just running in the post office’ (as you do), it was quiet so didn’t get a ticket, but never realised that the car park had been updated to one that scans your car on entry and exit (it used to be a old school ticket machine only). 

Assuming I can’t give reasoning or defence for the driver because then I have to give their details? 

Otherwise it’s just a case of me saying I wasn’t the driver...? 

Is that fact that the car was there approximately 4 minutes a defence? 😩🤣

Umkomaas

Is that fact that the car was there approximately 4 minutes a defence?

Probably not!  Especially as their evidence (the timed photos in their NtK) clearly shows the car was there for almost 22 minutes. I think a Judge would be bouncing you out of court within (approximately!) 2 minutes.