PCN with incomplete address of the parking location

Adamburyar

Hi all. RK as defendant is awaiting court allocation date. And understands to prepare and submit, amongst other things, WS. Is this defendant's own account of events or WS from a third party?

Coupon-mad

Your own account plus all your evidence and exhibits - tips about this stage, with examples, are of course in the NEWBIES thread!

Adamburyar

Coupon-mad said:

Your own account plus all your evidence and exhibits - tips about this stage, with examples, are of course in the NEWBIES thread!
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD

Coupn-Mad - is this the one the one that says " **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!**" as I can't locate one that fits your description?
https://forums.moneysavingexpert.com/discussion/comment/64350585#Comment_64350585
Thanks.

KeithP

You have found the right thread. You have even found the right post on that thread.

Now read that post and following the heading WITNESS STATEMENT - EASY STAGE - YOUR 'STORY' & EVIDENCE you will find guidance on how to write a Witness Statement and what to include with it.

Adamburyar

Hi all, RK as defendant got court  hearing date, but contrary to the information in the forum the 2 page letter doesn’t give any deadline of filing evidence and witness statement!

RK as defendant want to know can one assume that evidence and witness statement can be 14 days before the hearing?

Le_Kirk

Did you look on the back of the letter - sometimes they can be sneaky that way?  Did the letter just say 14 days before the court date?  Is this the first letter you have received about the date?  Maybe there was another one with dates and they are just changing it from F2F to a telephone hearing!

Umkomaas

Also if my defence is mainly based on breach of POPLA schedule 4 paragraph 9 (2)(a) as the correct location is not given in the NTK

Whose defence is it?  POPLA doesn't have a schedule 4 paragraph 9 (2)(a). But PoFA does. 

But if the defence is being made by an identified driver, then quoting PoFA is irrelevant. But I'm confused as to who's who and what's what in this case because you're flick-flacking between 'I', 'me', 'my girlfriend', the RK'. 

Please clarify, exactly, against whom is the claim being made and, what your involvement is. Otherwise a bit of innocent, well-intentioned but incorrect advice, could send the case totally off in the wrong direction. 

Adamburyar

Umkomaas said:

Also if my defence is mainly based on breach of POPLA schedule 4 paragraph 9 (2)(a) as the correct location is not given in the NTK

Whose defence is it?  POPLA doesn't have a schedule 4 paragraph 9 (2)(a). But PoFA does. 

But if the defence is being made by an identified driver, then quoting PoFA is irrelevant. But I'm confused as to who's who and what's what in this case because you're flick-flacking between 'I', 'me', 'my girlfriend', the RK'. 

Please clarify, exactly, against whom is the claim being made and, what your involvement is. Otherwise a bit of innocent, well-intentioned but incorrect advice, could send the case totally off in the wrong direction. 

I am sorry about the confusion and here is my clarification:
1. Yes, should have said schedule 4 of PoFA and not POPLA.
2. The claim is being made against RK who is defending as the RK. And I am only helping get the right information.

Redx

Then ask your questions as

The RK as defendant wants to know

The RK as defendant believes

The defendant has a court hearing date , not you ( not I have a court hearing date)

Etc

Drum POFA into your head , if the RK is defending as keeper and not as driver , mainly useful when the RK is not the driver , not much use when they were the driver , which they may be asked in court , mixing the two is not recommended as evasiveness is taken as an admission

Check their court order and emails carefully , there may not be a due date but usually it tells them how many days before

Edit your previous posts to put your errors right , otherwise confusion reigns

It's not your case

It's not your defence

It's not your witness statement

It's not your exhibits

Adamburyar

Hi all, the defendant has a court hearing date and wants to know when filing WS:

1. Which versions of schedule 4 of the POFA to use, original (As enacted) or the latest available (Revised) to file?

2. Since a copy of Beavis case is going to be filed with WS, is it necessary to also file a copy of paragraphs  98, 193 & 198 of Parking Eye v Beavis?

3. There is no need to re-send a copy of the defence form, is there?

4. Is including a copy of Excel v Wilkinson case advisable?