CEL CCJ Set Aside - Support Please!

redredelise

I'm wondering if CEL have missed out the reverse side of the August 2018 PCN?

redredelise

KeithP said:

If you want help in deciding whether or not that PCN is POFA compliant, then please show us that PCN again with all dates showing.

By you saying "There was no page showing the reverse side of this PCN", it looks like they have withheld information when responding to your SAR.

I'll repost with dates - no problem.

redredelise

Here's the PCN with dates...

KeithP

The dates on that Aug2018 PCN show that it was issued in time to be able to hold the keeper liable.

Comparing the front of both those PCNs, clearly they have revised the layout.

I would strongly suspect that the reverse of that Aug2018 PCN is totally different and the wording does not conform to POFA such that the keeper can become liable.

The problem is that if you were to ask them for the reverse of that PCN you may not get the right thing - with no way of proving it.
But nevertheless, you must ask them for that missing page.

redredelise

I agree. I'll contact them about that today.

SayNoToPCN

Odds of it changing in those 4 months are slim, it wopuild be good to find some 2018 CEL PCNs

Frankly thought I wouldnt bother too much IF the driver and the RK are the same person.

If they were not, then POFA is an extra string to the bow, and you simply state they are not compliant with POFA at this point. Dont get too hung up as uyou are not filing a full defence yet, just a drtaft, and even then,  based on the SAR, which you are entitled to rely upon, the NtK from August does not meet POFA. Leave itt to them to prove otherwise, at which point you sue them for breach of the DPA2018!

redredelise

Haha! That would be deeply satisfying to sue them for that.

I think I need to get moving as I'm aware that time is ticking. It has taken me several weeks just to get to the stage I'm at now.

I'll assume it's not POFA compliant, and not wait for CELs DPO to reply. I need to get this N244 in.

So, just to confirm, the WS does not need to include any info re: draft defence i.e. I need to remove Part 2 of my WS?

I need to attach a separate document titled Draft Defence that I take from @Coupon-mad template?

So the whole application will include  - 

1. N244 form
2. Draft Order
3. Witness Statement
4. Draft Defence

Correct?


Many thanks to you all for your ongoing support. It's very much appreciated.

redredelise

CEL responded quickly so here is the reverse of the Aug18 PCN

redredelise

So this looks like it's the same as the other PCN, therefore POFA compliant, unless I'm missing something?

I'm now concerned about what I'm going to use as my defence.

I feel like the only thing I can use is the timing issue, being 12 minutes over the 30 minutes allowed.
If I can say this should be part of the Consideration/Grace period allowed as per BPA Code of Conduct.

Otherwise, I feel like I'm somewhat stuffed?

henrik777

I need to attach a separate document titled Draft Defence that I take from @Coupon-mad template?

So the whole application will include  - 

1. N244 form
2. Draft Order
3. Witness Statement
4. Draft Defence



Yeah.

Whilst a draft defence is a decent idea, don't get bogged down in it. "the defendant has a real prospect of successfully defending the claim" It is not for the court to conduct a mini trial. If they cannot, for example, tell if they have complied with POFA and you allege they need to use POFA then it's a matter of evidence which can only be properly tested at a full hearing.