Help/Advice needed regarding PCN

Umkomaas

You can refer to it either way on the forum, but if you're building it into a defence or witness statement, you should use the full works, including the court reference number. 

Le_Kirk

It's attached to the bottom of the first post of the "suggested template defence" sticky on page one of the forum.

Hot_chocolate20

Le_Kirk said:

It's attached to the bottom of the first post of the "suggested template defence" sticky on page one of the forum.

I have just read the full judgement of the Britannia v Crosby case and it is the 'Southampton case' I guess it's called the Southampton case because it was held in the the Southampton County Court.

Le_Kirk

Hot_chocolate20 said:

Le_Kirk said:

It's attached to the bottom of the first post of the "suggested template defence" sticky on page one of the forum.

I have just read the full judgement of the Britannia v Crosby case and it is the 'Southampton case' I guess it's called the Southampton case because it was held in the the Southampton County Court.

Correct and, in the "suggested defence template" thread it is also referred to as the Southampton case.  Good that you have found it.

Hot_chocolate20

Would it be overkill to append the below to my defence in addition to the Southampton case?

Umkomaas

Hot_chocolate20 said:

Would it be overkill to append the below to my defence in addition to the Southampton case?

This is what current forum advice says:

TEMPLATE DEFENCE - THE 'FACTS' PARAGRAPHS ARE #17 AND #18:

https://www.dropbox.com/s/hq0eacg3igzuud4/Private parking charge - abuse of process defence.docx?dl=0

The only judgment to append is now the Southampton case, to keep it shorter.  That is the document linked in the first post.  See instructions above about how to incorporate it.

You add further evidence at the Witness Statement stage. And there are a number of similar judgments you could use then. 

Hot_chocolate20

Umkomaas said:

Hot_chocolate20 said:

Would it be overkill to append the below to my defence in addition to the Southampton case?

This is what current forum advice says:

TEMPLATE DEFENCE - THE 'FACTS' PARAGRAPHS ARE #17 AND #18:

https://www.dropbox.com/s/hq0eacg3igzuud4/Private parking charge - abuse of process defence.docx?dl=0

The only judgment to append is now the Southampton case, to keep it shorter.  That is the document linked in the first post.  See instructions above about how to incorporate it.

You add further evidence at the Witness Statement stage. And there are a number of similar judgments you could use then. 

Great - thanks

Hot_chocolate20

Hi everyone - just about email my defence but I'm unsure about my #17 and would appreciate some feedback.
As my fellow forum members helped me to establish that my keeper details were sought legitimately I have since removed this sentence; 

Section 11 (1) (c) of POFA 2012 requires keeper liability to be sought by application to the Secretary of State via its agents (DVLA). The Claimant made no such application but imported the Defendant’s personal data from a third party (ZZPS) instead.
My current # 17 now reads as follows; 

The Defendant is not the only driver of this vehicle and the Particulars of Claim offer little to shed light on the alleged breach, which relates to an unremarkable date some time ago.  Whilst it is admitted that the Defendant was the keeper, they were not the driver of the vehicle at the time.  Further, the mandatory requirements to establish 'keeper liability' have not been met and the Defendant is not liable in law.

What I'm unsure about is whether to leave the sentence that reads <<<<Further, the mandatory requirements to establish 'keeper liability' have not been met and the Defendant is not liable in law>>>>

nosferatu1001

How are you unsure?
They complied or they did not
You have the NtK, and access to POFA2012, and you can check yourself. No need to be unsure. 

Hot_chocolate20

nosferatu1001 said:

How are you unsure?
They complied or they did not
You have the NtK, and access to POFA2012, and you can check yourself. No need to be unsure. 

Okay..I think you meant 'why' and not 'how'...anyway if you were less dramatic about it I would have explained 'why' I was unsure. Yes I have access to POFA and I read it several times, particularly section 8 and 9 in schedule 4