Overstaying - What is the Legal Defense?

KeithP

ZZ3100TV0 said:

What about the fact that I've got a letter from CP Plus stating one of the PCN's had been cancelled?

You still have to defend the claim, however unreasonable it may be.

Compile your Costs Schedule with that 'unreasonable behaviour' in mind.

Coupon-mad

You will be mentioning that in point #3 of your defence.  Same as everyone does, that's where the facts of the case go.    Just no saying that you think they sent it in error - the letter exists so they cancelled it!  As long as you are sure that cancelled PCN is one of the same PCNs listed in the particulars of claim.

Also be aware that CP Plus don't use the POFA 2012 so they can't hold a registered keeper liable.  That's important because they don't know who was driving and nor do you, all that time ago...

Redx

So edit your posts , the driver stopped at the MSA locations , the keeper received the paperwork

These should have been appealed to cp plus and Popla at the time

Read the info in the papers that showed Bowen beating Parking Eye in court for MSA location

Adapt the coupon mad defence , 2 paragraphs to adapt and post on here for critique

Note that the word defence does not contain an S

Set your pc or laptop etc to UK English , not USA

nosferatu1001

Youre in a corut process. You cannot be sloppy with it, it could cost you. 
You gain little by making it tricky to get info from you. 

ZZ3100TV0

I've just had a letter from DCBL after my SAR stating they'll get back to me with a substantive response.

Concerning this, which was including in my SAR - (a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.

They suggest I seek independent legal advice and that court proceedings will not be put on hold.

KeithP

Reply to whoever issued the Letter of Claim along the following lines:

I have written to you in response to your Letter of Claim and whilst any debt is denied, have requested that you delay proceedings by thirty days whilst I seek debt advice. This obligation is clearly defined in paragraph 4.2 of the Pre-Action Protocol for Debt Claims.

nosferatu1001

Why have you sent a SAR to DCBL? Theyre not the original PPC, they will have no useful documents for you. 

ZZ3100TV0

I sent SAR's to both.

nosferatu1001 said:

Why have you sent a SAR to DCBL? Theyre not the original PPC, they will have no useful documents for you. 

ZZ3100TV0

KeithP said:

Reply to whoever issued the Letter of Claim along the following lines:

I have written to you in response to your Letter of Claim and whilst any debt is denied, have requested that you delay proceedings by thirty days whilst I seek debt advice. This obligation is clearly defined in paragraph 4.2 of the Pre-Action Protocol for Debt Claims.

Just done this!
Thanks for that!

nosferatu1001

Phew! Too many send a SAR to teh solicitors thinking that is right.