Court defence

kfrs9960

I have had a claim form from CCBC Northampton, the ‘offence’ is overstaying free parking, the only company/agent I know is Civil enforcement ltd. I have done the acknowledgement of service on the 22/2/21, (sorry got previous date confused with the service date)

kfrs9960

A claim was issued against you on 16/02/2021

Your acknowledgment of service was submitted on 22/02/2021 at 20:39:58

Your acknowledgment of service was received on 23/02/2021 at 08:06:12

Redx

its a defence ( no S in Defence either ) that you are writing , not a response

your defence should look something like this for 2 & 3 etc , see the post at 2.55pm

https://forums.moneysavingexpert.com/discussion/6250435/court-defence-advice-please/p7

remember that yours is CEL, not PP , so you need to work on it , check if CEL complied with POFA for a start

kfrs9960

thanks looking now

KeithP

kfrs9960 said:

I have had a claim form from CCBC Northampton, the ‘offence’ is overstaying free parking, the only company/agent I know is Civil enforcement ltd. I have done the acknowledgement of service on the 22/2/21, (sorry got previous date confused with the service date)

With a Claim Issue Date of 16th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 22nd March 2021 to file your Defence.

Just a few days away but plenty of time to produce a Defence.

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.

kfrs9960

Would this be a more suitable defence to place in section of the template ?

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but not the driver. Liability is denied.  

3,         (a) The Notice to Keeper from the Claimant fails to comply with the strict requirements of the Protection of Freedoms Act 2012, Schedule 4, including paragraph 9 (2) (f) and therefore the Claimant is incapable of holding the keeper liable.

            (c) The Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of parliament, they would have made such requirement part of POFA.

The original NTK does not  :

"warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid"

Redx

thats a good start , wait for more feedback whilst you see if any improvements or changes can be made

kfrs9960

Redx said:

remember that yours is CEL, not PP 

Sorry to be thick, but what do you mean by this?

Redx

your parking company is CEL, the link I gave was to a Prem Park case, there are dozens of these private companies

1505grandad

Just checking  -  the NtK was as a result of anpr and not a ticket stuck on the windscreen?

Also that it is the Defendant's own vehicle and not a lease/hire car?

(There is no background so checking that OP has not just done a c & p)