Advice needed on next steps - HX Car Park Management - Site 1085 Salterhebbble Halifax HX3 0QE

PCN_BoBeB

nosferatu1001 said:

I dont know what you mean by the above? 
Have you received a new LBC? About the same incident(s)? What letter did you send Gladstones?

Sent them the letter advising I am seeking debt advice, but I deny any debt

PCN_BoBeB

I`ve received the SAR back, and I wish to now start to prepare my defence and witness statement for when it arrives.
LBC received just before the SAR request was sent to the car park management company, and a letter also sent to my local MP and also to to the land owner (no response as yet)
I have looked at the suggested template, and from what I can see it doesnt cover the grace period of 5 minutes, which is going to be forming part of my defence based on the SAR and photographs provided, 
Is there any appropriate wording that I can use for my defence - apologies if I have missed it, I have tried to familiarise myself by reading the Newbies page, and also looked at multiple other posts regarding the specific scam company to try and to try to get my head head round schedule 4 of POFLA.
I have an additional query regarding the internal management software document that has been sent back with some details of the alleged contravention - however I am mindful of including this information into this post as do not want to give any specific information regarding the defence - is there anyone available (obviously the more recognisable accounts whom post regularly)  who I could PM with my query?

Redx

Paragraph 3 can be expanded for grace periods , if any , but download , read , check the relevant CoP in force at the time of the contravention

KeithP

Isn't the core of your Defence going to be that the Claimant has not complied with POFA paras 13 and 14?

Therefore, as the Claimant doesn't know who was driving, the Defendant has no liability for the claim. 

PCN_BoBeB

KeithP said:

Isn't the core of your Defence going to be that the Claimant has not complied with POFA paras 13 and 14 therefore, as the Claimant doesn't know who was driving, the Defendant has no liability for the claim. 

yes, the core is, but it cant hurt (or can it?) if the claimant is in additional to POFLA non-compliance, also not complying with their own IPC code of practice?

nosferatu1001

Yes, but the point is that the CORE defence is they need to ID who drove, as they cannot hold a hirer liable
ANOTHER defence point is they failed to give sufficient grace periods
Why think you only have one defence point? You have many. 

PCN_BoBeB

Claim Form Received.
Issue date 12 April 2021
refreshing my knowledge on the newbie post and how to acknowledge service.

Umkomaas

PCN_BoBeB said:

Claim Form Received.
Issue date 12 April 2021
refreshing my knowledge on the newbie post and how to acknowledge service.

You'll find the reasons in the sticky, but in case you're going to do the AOS because it's an easy one to get off, delay doing so until 5 days after the above date of issue. 

@KeithP will be along later to give you your key dates and actions. 

PCN_BoBeB

Umkomaas said:

PCN_BoBeB said:

Claim Form Received.
Issue date 12 April 2021
refreshing my knowledge on the newbie post and how to acknowledge service.

You'll find the reasons in the sticky, but in case you're going to do the AOS because it's an easy one to get off, delay doing so until 5 days after the above date of issue. 

@KeithP will be along later to give you your key dates and actions. 

so to confirm, and make sure I dont balls it up - go onto MCO website and complete the AOS online 5, days after the date of issue?

KeithP

PCN_BoBeB said:

Claim Form Received.
Issue date 12 April 2021

With a Claim Issue Date of 12th April, you have until Tuesday 4th May to file an Acknowledgment of Service. If possible, do not file an AoS before 17th April, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 17th May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.