CP plus county court claim

Le_Kirk

Smart_Owl said:

17.    It is not established thus far, whether the vehicle was parked for the whole period stated on Parking Charge Notice’s or entered private land for multiple shorter visits, which were wrongly recorded as one long visit. 

Couple more errors corrected.

Fruitcake

In 16, you should expand on which part of the PoFA applies. For example, replace "... with 9 of the PoFA" with something like, "... paragraph 9 sub paragraphs (or sections/parts) (4) and (5) of the PoFA." Then explain that this states a NTK must be given by day 14 beginning with the day after that of the alleged event.

Smart_Owl

Tried to correct these two again. 

16.  The Defendant was the registered keeper of this vehicle but was not the only insured driver. In the Particulars of Claim it is stated that the Defendant was the registered keeper and/or driver but the Claimant has failed to provide any evidence that Defendant was also the driver. A compliant Notices to Keeper was not properly served in strict accordance with Paragraph 9, sub-paragraphs 4 and 5 of the PoFA, which states that Notice to Keeper must be sent within 14 days beginning with the day after alleged parking event ended to keep defendant liable for the charges as the keeper of vehicle. PATAS and POPLA Lead Adjudicator and barrister, Henry Michael Greenslade, clarified that with regards to keeper liability, “There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver and the operators should never suggest anything of the sort” (POPLA report 2015). 

 

 17.  In Particulars of claim it is stated that vehicle was parked, however it is not established thus far, whether the vehicle was parked for the whole periods stated on Parking Charge Notice’s or entered private land for multiple shorter visits, which were wrongly recorder as overstay on PCN’s. 

17 paragraph trying to expand based on this. But run out of ideas as contract and signs is already covered in other paragraphs

In particulars of claim it says - The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Term's on Cs Signs (the Contract) .

Thank you for your time

Coupon-mad

Looks good to go; no need to add more.

Smart_Owl

Thank you so much, just need to read through all defence couple times to see if didn't miss anything. But what a relief already

Smart_Owl

Hello, after going through the defence had few more questions.  Firstly the 20 paragraph, where the red sentence is. Does it has to be only their companies house 8digits number? 
Secondly, the third appendix. Do I attach all of it? or just some part as it much longer than the others? 

Smart_Owl

How do you attach third Appendix to word from PDF on Mac ? I tried different ways , but comes just first page. Do I just take 7 photos and add them to word file as photos? 

Coupon-mad

Smart_Owl said:

Hello, after going through the defence had few more questions.  Firstly the 20 paragraph, where the red sentence is. Does it has to be only their companies house 8digits number? 
Secondly, the third appendix. Do I attach all of it? or just some part as it much longer than the others? 

Yes you just add the correct number for the Parking Firm, from Companies House.

Yes you attach the PDF to the email as a separate attachment.  I too found it hard to merge a 6 page transcript to sit within another document so I share your pain!  I'll try again when I edit the template, which is needed due to the statement of truth being WRONG now.  As the NEWBIES thread explains.

Smart_Owl

Coupon-mad said:

Smart_Owl said:

Hello, after going through the defence had few more questions.  Firstly the 20 paragraph, where the red sentence is. Does it has to be only their companies house 8digits number? 
Secondly, the third appendix. Do I attach all of it? or just some part as it much longer than the others? 

Yes you just add the correct number for the Parking Firm, from Companies House.

Yes you attach the PDF to the email as a separate attachment.  I too found it hard to merge a 6 page transcript to sit within another document so I share your pain!  I'll try again when I edit the template, which is needed due to the statement of truth being WRONG now.  As the NEWBIES thread explains.

So do I write next to description of Appendix C that it is attached as PDF file separately . Or something like that. Sorry maybe silly question but it makes sense to write something in main defence not to look like it's missing 

Coupon-mad

Yes, sounds like a good idea.