PCN with incomplete address of the parking location

Adamburyar

KeithP said:

Adamburyar said:

...the claim form was issues on 4/6 and we sent in the acknowledgment of service form. So we have 28 days to prepare our defence. 

You 'sent in' the Acknowledgment of Service form?
Does that mean you posted the form by Royal Mail?

Thanks KeithP. The Acknowledgment of Service form was emailed to the county court. Spoke with them and they confirmed receipt of the form.  Have read almost all the NEWBIES threads and I must admit that I can't decipher what is in there!

KeithP

The Acknowledgment of Service form was emailed to the county court. Spoke with them since and they confirmed receipt of the form and that I have until 7/7 to submit defence.

That's good. No need to do the online AoS then.

I have read almost all the NEWBIES threads and I must admit that I can't decipher what is in there!

Are you really saying that you can't see the template Defence linked from the second post in the NEWBIES thread?
I gave you a direct link to the second post. I then told you exactly where in that second post you would find the guidance on creating a Defence.

D_P_Dance

You really need to raise your game if you want to fight PCNs. on a computer.  

Le_Kirk

Adamburyar said:

Coupon-Mad: I am sorry I am not good at computers - looked everywhere and am unable to locate "NEWBIES THREAD". Perhaps you can give me foolproof directions on this, please. Yes, they added £60 to  the original pcn amount of £100. 

If you are not good at computers and, considering this claim is in your partner's name, would it be possible for them to do it themselves or at least help you to help them?

Coupon-mad

There is a template defence in the top pinned thread.  Anyone can use it.  NO LINKS NEEDED OR GIVEN.

Adamburyar

Hello forum,

RK as defendant wants to know:.

1. On top of the £60 the Claimant have added statutory interest on the Global sum of £160. What should I show in my defence letter as the Global sum, just the principal £160 or with the added statutory interest?
2. Somewhere in form it was suggested if you receive PCN claim with added the fake £60 you MUST report them to the SRA. Should I report them to SRA?
3. The official court defence form requires me to complete sections 1 & 2 where I have to state the amount I am disputing. My understanding of legal language is limited and since I am not the court defence form, I am not sure if the standard defence template that I am using addresses these 2 questions or I need to add them myself. Any suggestions/comments on this please?
4. POFA - SCHEDULE 4 – Paragraphs 8 & 9 – sub-paragraphs (2) (a) say “The notice must specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.” But the Claimant’s PCN gives just the name of a road as the relevant land on which the car was parked. For example: High Street with no post code or building name/number! Can one legally argue that they are in breach, especially when there are at least a dozen roads with the same names but different post codes in my city?

KeithP

I'll just address your Q3.

As you say, you will not be filling out that form.
The Acknowledgment of Service that you filed addressed that point.

Coupon-mad

1. On top of the £60 the Claimant have added statutory interest on the Global sum of £160. What should I show in my defence letter as the Global sum, just the principal £160 or with the added statutory interest?

''just the principal £160'' Eh? Of course £160 isn't the principal sum on the signs is it...don't answer that. Rhetorical Q. 

It's £160 global sum.  I say in the template that it's almost always £160.  I say in the template that the 'global sum' is in whole pounds and won't include pence...no idea how on earth so many posters miss that?

Somewhere in form it was suggested if you receive PCN claim with added the fake £60 you MUST report them to the SRA. Should I report them to SRA?

No.  There is no breach of SRA standards by a roboclaim solicitor begging for a false sum, because they blame the client and (until the SRA stops robo-claim firms, as I hope in the end they will) they are entitled to ask for what the client says.

POFA - SCHEDULE 4 – Paragraphs 8 & 9 – sub-paragraphs (2) (a) say “The notice must specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.” But the Claimant’s PCN gives just the name of a road as the relevant land on which the car was parked. For example: High Street with no post code or building name/number! Can one legally argue that they are in breach, especially when there are at least a dozen roads with the same names but different post codes in my city?

Certainly, but only if you are planning to defend as keeper and never talk about being the driver.  It's one stance or the other.  Many cases are best defended as driver - if, for example, the main issue is with clarity of signs, or a broken PDT machine, etc - and thus the D can talk openly about that to the Judge as an honest witness, who was actually there.

Adamburyar

KeithP & Coupon-Mad: You are starts. Can't thank you enough guys!
RK as the defendant wants to know - this paragraph which appears in number 17 is referring to the paragraphs 8 & 9 of  POFA schedule 4 right?  

"A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA."

Umkomaas

Adamburyar said:

KeithP & Coupon-Mad: You are starts. Can't thank you enough guys!
We are almost ready to file my partner's defence which we are going to file as the keeper. Of course we will keep you posted. But finally, for give me for this silly question - this paragraph which appears in number 17 is referring to the paragraphs 8 & 9 of  POFA schedule 4 right?  

"A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA."

Para 8 is where a Notice to Driver (NtD) has been issued - typically a windscreen ticket issued by a parking weasel. 

Para 9 relates to a Notice to Keeper (NtK) - where the first notification is issued via the post (usually following an ANPR capture of the VRM).