Claim Form and confusion. OPS and several bottom feeders. WON at Hearing😁😁

hju456

My attempt at defence:

Facts known to Defendant.

2. The Defendant is the registered keeper of the vehicle. The Defendant was not the driver .Liability is denied. The Defendant first became aware of this parking charge in letter dated 6th September 2017.

3. The Driver parked to unload provisions for a resident that was ill. The car park did not have signs that would have formed a contract. The car park is to the rear and side Lennox Road. 

Lennox Road has clear signs and restricted hour of parking. The time of the parking charge was outside of the restricted hours.
The driver believed that the car park area had the same restrictions.

4. In a letter dated 13th October 2017, ZZPS stated that they had been instructed by their client to cancel the parking charge. The Defendant has not ignored this matter, and has continually informed all concerned that there can be no cause of action against the registered keeper in the absence of a timely POFA compliant Notice to Keeper.

SayNoToPCN

2. The Defendant is the registered keeper of the vehicle but was not the driver on the material date, however liability is denied.

3) Make it one para, not muoltiple. 

4) The CLaimant has no cause of action against the keeper, as on... their AGENT ZZPS (else the court will not have a clue who ZZPS is!) stated that....

"....that there can be no cause of action against the registered keeper in the absence of a timely POFA compliant Notice to Keeper."
This is the first time yuou mention it, and it has NO relation to the first sentence. Maybe state the first notice to keeper was on X date, some Z days after the alleged parking issue, outside of the AB days allowed? you do need to look at this logically. The court has no idea what this is about. your defence can tell them, but it has to explicitly do so. 

hju456

Thank you, I will adapt and post up.
The part about POFA was following Coupon-Mads advice ,but I can see your point regarding the Courts being clearly informed .

SayNoToPCN

Think of it this way: a para is a topic
You have a new topic in POFa, that has no bearing on the completely separatre topic that the claimants agent said it was cancelled.
Structure really helps. 

hju456

Defence amended.

2.The Defendant is the registered keeper of the vehicle but was not the driver on the material date, 19th July 2017, however liability is denied.

3. The driver parked to unload provisions for a resident that was ill. The car park is to the rear and side of Lennox Road. Lennox Road has clear clear signs and restricted hours for parking.The time of the parking charge was outside of the restricted hours. The driver believed that the car park had the same restrictions.There was no clear indication on entering the parking area that the restriction were different.

4. The first notice to keeper was dated 12th October 2017, some 86 days later. The Claimant has failed to comply with the strict regulations of POFA and as such cannot hold the registered keeper liable. Further the Claimant has no cause of action against the Defendant, as a letter dated 13th October 2017 from the Claimants agent, ZZPS, stated that they have been instructed by the Claimant to cancel the parking charge notice. The Defendant has not ignored this matter and has corresponded with the Claimant and their agents .

hju456

See we posted at a similar time, before I read your last post. I can separate last para and add no5 if it looks better.

SayNoToPCN

I would sugegst so. Entirely different topics. 

hju456

The defence has been submitted, I telephoned to confirm that it had been received.👍
A big thank you to all advice given. I will keep you updated when the next stage arrives.

Fruitcake

Double check on the MCOL website site that your defence has been received.

Now start reading the rest of the guide to court. There is more for you to do than just wait.

hju456

I have received automated email confirming receipt and screenshots have been taken.SARs have been sent, got a nice collection of photos from the site. MCOL is showing defence received.
thank you