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POFA compliance of NTK

24567

Comments

  • poper
    poper Posts: 43 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Alright folks. I see I have !!!!!! off most of you. :s

    PPC: Civil Enforcement
    Claim Form Issue Date: 1st Oct 2020
    Acknowledgement of Service on MCOL: 9th Oct 2020
    I plan to submit my defence end of October.

    Case Details:
    Driver unaware they had to register the VRN inside church entrance(no payment involved) which was newly setup. Driver had been parking at the same location previously without any issues.
    Claimant had installed ANPR and parking restrictions were enforced but no clear signages on the driver's need to enter VRN on the keypad inside church. No signages around keypad or near the church register. Church staff offered no advise on the new setup. 
    Driver had visited church for legitimate reasons.
    To me, it was a deliberate attempt to catch drivers unaware of the new setup and mint money.
    I know another driver who paid up without appealing just to avoid any further hassles.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Many judges consider these claims a waste of court time, read this

    https://en.wikipedia.org/wiki/De_minimis

    Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers. On 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, and hopefully this will become law shortly




    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Instead of "guessing" that revealing the PPC name was a bad idea, you could have spent 3.5 seconds looking at just the front page, seeing that the name is indeed given. 

    VRM. Not VRN. 
  • poper
    poper Posts: 43 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Do you mean the below lines?
    Some firms (e.g. Civil Enforcement, Highview, Smart Parking, CP Plus and some small PPCs) don't even bother with POFA 2012 wording so the keeper is not liable and you must you point that out to POPLA.
    Instead of "guessing" that revealing the PPC name was a bad idea, you could have spent 3.5 seconds looking at just the front page, seeing that the name is indeed given. 

    VRM. Not VRN. 

  • Umkomaas
    Umkomaas Posts: 44,042 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Civil Enforcement - non PoFA-compliant NtKs. But you'll need to understand what that means, and you might have to explain/argue it in front of a Judge. More often than not CEL put you through the wringer hoping you'll either cough up to avoid court, or that you slip up and miss one of the stages leading up to court at which point they'll pile in for a judgment in default, leaving you with credit rash and/or panicking to pay them. If you make sure you follow all the stages fully, CEL very often discontinue or don't pay the filing fee. Don't fall asleep on any of the stages. A court case is unlikely to be scheduled until well into next year. 

    Are you going to use the ready made suggested template defence near the top of the forum 'Announcements' (stickies)?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • poper
    poper Posts: 43 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Umkomaas said:
    Are you going to use the ready made suggested template defence near the top of the forum 'Announcements' (stickies)?
    Yes
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    poper said:
    Claim Form Issue Date: 1st Oct 2020
    Acknowledgement of Service on MCOL: 9th Oct 2020
    I plan to submit my defence end of October.
    Ah... a County Court Claim has been raised.

    With a Claim Issue Date of 1st October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 3rd November 2020 to file your Defence.
    That's over two 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 at the second post in the NEWBIES thread.
    Don't miss the deadline for filing a Defence.
  • Coupon-mad
    Coupon-mad Posts: 157,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    poper said:
    Umkomaas said:
    Are you going to use the ready made suggested template defence near the top of the forum 'Announcements' (stickies)?
    Yes
    And you've seen the ParkingEye example defences in the NEWBIES THREAD (yes I know yours isn't PE) and spotted there IS an example about this, to copy from?
    Driver unaware they had to register the VRN inside church entrance(no payment involved) 


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • poper
    poper Posts: 43 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Oh yes... I read the Odeon one and sounds so similar to mine. 
    I will try to lift and drop relevant details from the PE defence. Wonderful
    And you've seen the ParkingEye example defences in the NEWBIES THREAD (yes I know yours isn't PE) and spotted there IS an example about this, to copy from?



  • poper
    poper Posts: 43 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    This is what scares me. 
    Umkomaas said:
    But you'll need to understand what that means, and you might have to explain/argue it in front of a Judge.

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