BW LEGAL Court Claim - Wrong Issued Address

davejamesman

Hello,

I'm looking for some advice and some assistance with a posted PCN.

A claim in the County Court Business Centre was issued on 20 Oct 2020 for an aledged offence in July 2019. However due to moving in Sept 2020, we've only now received the claim

form handed to us by our previous neighbour.

It should be noted that I bought a ticket, overran by minutes due to the first machine not accepting my pound coins, and then having to return to my partner for my wallet to by a second ticket. An NTK was issued, and in any case, I didn't keep either of the tickets (before or after).

I'm working my way through the sticky. Upon receiving the NTK. I replied with:

"Dear Sir/Madam,
I'm contacting you regarding a invoice dated 7 August 2019.
I note the BPA Approved Operator Scheme Code of Practice 2018 schedule 4 section 9, states that for the keeper liability to apply, the keeper must receive a notice to keeper with 14 days. The date of the of the incident states 22 July 2019 and your notice to keeper is dated 7 August 2019 and delivered sometime thereafter. Accordingly, the notice to keeper should have arrived no later than 5 August 2019."

NFORCE PARKING replied,
"The notice does not need to be served within 14 days as POFA was not stated in the charge therefore it can be served within a 7 month period after the incident date (BPA code of practice)."

Following the sticky, in Oct 2019 I replied:
"I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP."... etc

-------------

My question initially is how to proceed with the AOS where the claim was issued over 2 months ago. The most recent Claim Status states, "A claim was issued against you on 20/10/2020".

Secondly, any advise regarding my defence, and what the reply from NFORCE regarding 'POFA not stated' means would be greatly appreciated to help prepare my defence.

KeithP

davejamesman said:

My question initially is how to proceed with the AOS where the claim was issued over 2 months ago. The most recent Claim Status states, "A claim was issued against you on 20/10/2020".

Secondly, any advise regarding my defence, and what the reply from NFORCE regarding 'POFA not stated' means would be greatly appreciated to help prepare my defence.

You absolutely must file a Defence as soon as possible.

The Claimant has been free to seek a Default Judgment against you since 9th November 2020 and you are very lucky that they have not done so.

Forget about an Acknowledgment of Service, it is of no use at this late stage.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

You are now in a race.
If the Claimant seeks a Default Judgment before you file a Defence, then it's game over - you lose.
If you file a Defence before the Claimant wakes up, you go through to the next round - the game continues.

The good news is that nothing bad will happen between now and 8am tomorrow morning.

To repeat: You must file a Defence before 8am tomorrow morning.

Fruitcake

The AoS will have timed out and you won't be able to do it now. You should check to see if you have a default CCJ against you. If you do, then you will need to apply for a set aside.
You should also contact the court/MCOL to find out what happened. Was it delayed due to covid, did the scammers go ahead and get a default judgment etcetera.

If the scammers did not comply with the strict requirements of the PoFA 2012, then the keeper cannot be held liable, but this may already be too late if a judgment has already been made.

Edit, forget all that. Do what Keith has told you to do. Only edit paras 2 and 3 of the template defence, and only show us those two paras (if you have time) You must include non-PoFA complaint NTK quoting the relevant parts of the PoFA explaining specifically why they failed to comply.

What happened when you complained to the landowner?

Did you not set up mail forwarding when you moved?

When did you update your V5C with the DVLA?

KeithP

OP, have you based your forum username on your real name? If so, you may want to get your forum username changed to something completely anonymous.

To help with that, have a read of this item from the Forum's FAQs:

Can I change my username?

In most circumstances, we don't allow this.

The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.

nosferatu1001

Op - you must do the above today. No ifs buts questions or anything. File. The defence. Today.  Exact,y as the instructions on the newbies thread say - by enail

you do not delay. At all. File the defence. 

Coupon-mad

Bung in the template defence to the CCBCAQ EMAIL ADDRESS TODAY, quickly adding your facts about the car park and event, as para 2 and 3.  Should take you half an hour, max. 

You may still be too late and of so, the CCBC will bounce it back to you next week when they are working properly again, if the Claimant has already sought a default judgment.

There are no other questions to ask us.  Just do it. In the email body, ALSO tell the CCBC your new address for service.

IN ADDITION YOU MUST THEN (AFTERWARDS) TELL THE CLAIMANT'S SOLICITOR YOUR CORRECT ADDRESS FOR SERVICE BUT WAIT A WEEK TO BE SURE THE DEFENCE DOESN'T BOUNCE BACK FROM THE CCBC.

KeithP

Coupon-mad said:

You may still be too late and of so, the CCBC will bounce it back to you next week when they are working properly again, if the Claimant has already sought a default judgment.

Should be OK. The OP has already told us:

davejamesman said:

The most recent Claim Status states, "A claim was issued against you on 20/10/2020".

Looks to me like their MCOL Claim History is not yet showing a Default Judgment.

davejamesman

Thank you. Wonderful. On it.

davejamesman

I'm not entirely sure who was driving. We take it in turns.

I'm confused about paras 2, I thought it was best to not identify the driver.

Then paras 3, Should I therefore be explaining that I attempted to buy a second ticket (either on time or slightly late)... ticket machine issue... needed wallet... didn't keep any of the tickets. Blah stuff? I was of the opinion it was irrelevant what my circumstances (read, excuses) were, that the PCN was issued too late.

Thank you very much.

davejamesman

Just to be clear, I, the registered keeper was there, and so was my partner who is insured to drive. A day out.

Coupon-mad

I'm not entirely sure who was driving. We take it in turns.

OK, so in your case DO NOT try to guess who was driving.  You can just put the above in #2 and state that with two possible drivers who may have actually parked the car that day and in the absence of any evidence, the balance of probabilities is not tipped either way. Therefore, the Protection of Freedoms Act 2012 Schedule 4 ('the POFA') would be the only way for the registered keeper Defendant to be liable in law.  The Claimant has failed or neglected to use that Act.

Then you say this in #3:

The PCN was issued too late for keeper liability and the Claimant admitted at appeal stage ''POFA was not stated in the charge''.  There can be no keeper liability outside of Schedule 4 of the POFA.