County Court Claim Form Defence

Coupon-mad

£10 is said in the email below.

No, it isn't.  Read it properly.

You appear to have missed that most Britannia cases can be won because they often have the landowner contract in the wrong Ltd company name.

Charlie1900

KeithP said:

Isn't that an automated response to your email?

Didn't you read this sentence?...

Your SAR request is free, however please be aware we are able to charge for additional copies and any requests for information which does not qualify as personal data.

It's an automated response. I see now. The £10 is for additional information. Sorry and thanks a lot! 

Charlie1900

Coupon-mad said:

£10 is said in the email below.

No, it isn't.  Read it properly.

You appear to have missed that most Britannia cases can be won because they often have the landowner contract in the wrong Ltd company name.

I indeed missed the point about landowner contract. 
BTW, in the letter of claim issued from BW Legal, there is no mention of issue on keeper or driver.  
For the moment, I guess I just need to wait for SAR and check if the requirements of keeper liability are met. 

KeithP

Charlie1900 said:

Coupon-mad said:

£10 is said in the email below.

No, it isn't.  Read it properly.

You appear to have missed that most Britannia cases can be won because they often have the landowner contract in the wrong Ltd company name.

I indeed missed the point about landowner contract. 
BTW, in the letter of claim issued from BW Legal, there is no mention of issue on keeper or driver.  
For the moment, I guess I just need to wait for SAR and check if the requirements of keeper liability are met. 

No please don't just wait for the SAR. For one thing it won't include a landowner contract - that's not personal information. Secondly, as they say, they have a month to respond, by which time your Defence will have been filed. Thirdly, the information returned is likely to be of more use at Witness Statement time.

Charlie1900

Redx said:

Tell us the name of the Parking company ??

Email a SAR to the DPO at the PPC and attach a copy of the claim form as proof of I D under the GDPR law

When you get the SAR reply , check if the parking company complied with POFA , or not

If not , then they will assert that the keeper was also the Driver and are pursuing the keeper on that basis

Post the issue date from the claim form below to get your deadline

This is the 'Particulars of Debt' on the letter of claim sent to the keeper issued by BW Legal. Does this implicitly imply they assert the keeper was also Driver? (Dates are redacted.) 

Redx

It implies you were the driver , the word YOU being used implies that YOU breached the terms and conditions for parking , which implies that you were in charge of the vehicle which implies that YOU were the driver

The added £60 is the debt recovery fee , double recovery , a possible abuse of process , so will be objected to in the defence and WS

The £100 charge is standard , but as the company name and number are likely to be different entities , they may fail on that alone

Do not wait for the SAR reply , having done the AOS get on with your Defence , based on the current template , posting the adapted paragraphs only below

Charlie1900

Particulars of Claim on my claim form 
The Claim is for the sum of [amount XXX] being the contractual charge due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on [Date XXX] in the private car park/land at [Car Park address XXX] in relation to a [Car Model XXX] registration mark [Reg number]. The PCN was issued as the Defendant failed to comply with terms and conditions, as displayed. Despite demands, the charge remains unpaid. The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.02) from [Date XXX] to [Date XXX] being an amount of [Amount £XXX]. The Claimant also claims £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.  

Charlie1900

On the particulars of claim, does the Claimant assert the keeper was the driver? How would that help me in the court? 

Redx

No idea !!

Where is the original NTK ? That will tell you if POFA was complied with

If it's true then POFA is not able to help a driver , POFA is only usable if the keeper was not the driver , or if the keeper defendant does not name the driver

If the defendant is asked in court if they were the Driver , think about your honest reply , what would it be ?? You said in the first post that you were not the driver , so this goes into your defence and into your witness statement , plus is stated in Court

If the claimant did comply with POFA , it doesn't matter anyway because POFA can hold the defendant to be liable even if they were not the driver

What happened when you appealed the original PCN and went to Popla ? This would have been much easier to defend at the popla stage, leaving it until the court stage means you must put more effort and time into it

The PoC state the defendant owes the money , doesn't say anything about keeper or driver

Redx

This thread seems similar to your predicament , why are you not following it ?

https://forums.moneysavingexpert.com/discussion/6207383/ncp-claim-help/p1

NCP , keeper isn't the driver , etc