Brittania parking/BW legal taking me to court

nosferatu1001

No, it will not affect your case, but you DO need to make sure you carefully read the newbies and do the actions that make sense in context of the process you are in. 

nosferatu1001

Your "defence stance" is simple: template defence. Alter 2 and 3, keeping in mind it i s all in third person, and every para is numbered, and, and...
The points around the company names on SIGNS, CLAIM FORM, NTK and (when you get it) the Landowner contract you deal with ASAP. Obviously if the sign gives one name and company number but the claim is from a different company name, theyre in trouble. 

Ralph-y

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

bluegoldie

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

 

3.1 the defendant  was first made aware of the alleged breach of contract on the 27th of August 2020. The defendant was not the driver at the time of the alleged offence and was confident that the photos sent were  proof of this. As a consequence the defendant completed the transfer of liability section on the letter providing full details and a serviceable address for the driver, and this was returned via first class post on the 13th of September; the defendant would therefore like to acknowledge that this  was compliant with the responsibility to POFA.

3.2 No appeal was made to the claimant for liability within the 28 days due to the defendant complying with the request set out in the transfer of liability.

3.3 following harassment and the level of distress caused the defendant emailed the claimants representative on the 3rd of December to dispute the debt and requested that liability for the debt was proven to be the defendants responsibility as per the financial standards authority section 7. 

3.4 A response was received on the 9th of December 2020,  this response only contained the original PCN (copy) from the 27th of August 2020 and the subsequent final letter dated the 14th of September 2020. There was no attempt made to establish with the defendant the basis of the dispute nor did it attempt to rectify the concerns raised. 

3.5 Despite addressing the emotional and psychological harassment in the email (3rd of December) the claimant continued to pursue the claim; this causing further distress. In a letter dated 11th of February 2021 the claimant’s representative provided further requests for payment whilst threatening that a County court judgement would be issued against the defendant. At the time of receipt of the letter the defendant was still awaiting evidence of liability as “ the driver”. 

3.6 The defendant maintains that they have not withheld information in regards to the identity of the driver and has complied to POFA regulations in regards to this. 

This is what I have drafted so far, these are just my facts of the case.  I really don't know about the legalities but my defence is that I was not the driver and that I have never withheld the drivers information from them. I gave them the opportunity to open a discussion over my dispute and they basically did nothing, if they had asked the question "who was driving " I would have told them as I did when I returned the transfer of liability.

I appreciate it has holes in and I am keen to hear from you how and if I can improve it.
I am on the front line working so time is stretched  (rest days are being eaten up by this!)
Again thank you so much! 

Redx

2) should also state that the defendant was definitely not the driver

bluegoldie

AOS submitted ! Defence time, so the SAR is also with the parking company. 
Any further feedback on the skeleton defence draft would be appreciated. Thank you 

nosferatu1001

Eep, dont call it a skeleton defence
No such thing exists. You have one defence
You may produce a skeleton argument at a late stage, but not yet

bluegoldie

What I meant was my draft defence that needs a bit of beefing up 

1505grandad

"............and requested that liability for the debt was proven to be the defendants responsibility as per (the financial standards authority section 7.)"

What is (this)?

"............11th of February 2021 the claimant’s representative provided further requests for payment whilst threatening that a County court judgement.........."

Google CCJ for correct spelling

D_P_Dance

When I was in the FCO drafting International agreements for Heads of State to sign the  preferred spelling was with an "e".  Spellings with and without an "e" are both correct