Napier Parking/BW Legal, CCBS Claim Form received. Help and guidance very much needed!

Le_Kirk

All paragraphs should be numbered.  Surely paragraph # 3 is included in the standard defence template.

Dotage

My thanks to SayNoToPCN, Le_Kirk and Coupon-mad again, for your patient advice.
The car was sold about a year ago so I am unable to check the details on the V, however I'm sure that they would have been correct!
I have read and digested, as best I can, the various advice and threads, and content therein; and produced the following as my second Defence points No's 1 & 2. Am I right in assuming that all other paragraphs in the template remain the same?
I would much appreciate you giving me your feedback, many thanks.

The facts as known to the Defendant:

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

The Defendant and his partner frequently use this pay and display car park, located on the busy high street of the town, and always pay for, and display a parking ticket on the dashboard.

The defendant has no recollection of an unremarkable day some 18 months ago, when supposedly there was a failure to comply with unspecified "terms and conditions" in this car park. Furthermore as both partners regularly used the vehicle, the identity of the driver on the day in question cannot now be recalled.

No windscreen ticket was found on the vehicle, and no notice to keeper was ever given to the defendant.

The first that the Defendant was aware that there was a problem relating to the use of that car park, was when the Claim form arrived on 26th March 2021, there had been no previous communication whatsoever.

 

3.   The claimant has therefore failed to comply with the strict provisions of the Protection of Freedoms Act, Schedule 4 ("The Act") that may have held the defendant liable under The Act, and as such they are put to strict proof that the Defendant was the driver on that day.

KeithP

Have you filed an Acknowledgment of Service yet?

If not, do it now. Today. Before 8am in the morning.

Just ten minutes work.

Dotage

Hi Keith
Yes filed AoS on the 31st March, thanks for the reminder.

Redx

2 should be just that single line

3 should start on the next line down , and either be 1 paragraph or maybe 2 or 3 , numbered accordingly

Dotage

Hi guys

Third attempt at my defence, am I on the right track yet?

Many thanks

The facts as known to the Defendant:

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

3.   The Defendant and his partner frequently use this pay and display car park, located on the busy high street of the town, and always pay for, and display a parking ticket on the dashboard, the defendant has no recollection of an unremarkable day some 18 months ago, when supposedly there was a failure to comply with unspecified "terms and conditions" in this car park.

4.   Both partners regularly used the vehicle; the identity of the driver on the day in question cannot now be recalled, no windscreen ticket was found on the vehicle, and no notice to keeper was ever given to the defendant; the first that the Defendant was aware that there was a problem relating to the use of that car park, was when the Claim form arrived on 26th March 2021, there had been no previous communication whatsoever.

5.   The claimant has therefore failed to comply with the strict provisions of the Protection of Freedoms Act, Schedule 4 ("The Act") that may have held the defendant liable under The Act, and as such they are put to strict proof that the Defendant was the driver on that day.

Coupon-mad

Yes looks OK to me.  Maybe add:

 as such they are put to strict proof that the Defendant was the driver on that day.  None of the Claimant's allegations can be admitted due to the Defendant having no knowledge of the alleged incident and no previous communications as well as very sparse Particulars of Claim, which fail to assist with any informed decision about the case and defence.  Thus, the Claimant is put to strict proof of all their allegations, including an explanation of what happened to the purported parking charge notice and other letter(s).

Dotage

Thanks Coupon-mad, have added your recommendation as shown below to my Defence, hope it is now ok to submit?

Have today received a reply to my SAR, which read as follows.

Please supply all information relating to a fixed penalty notice for a claimed contractual breach occurring on 24/09/2019 at XXXXXXXXXXXXXXXXXXX, in relation to a vehicle, registration number XXXXXX. Please include all photographs, all letters sent and received including appeal correspondence, all PDT records for that day of payments made, all data held, all evidence you will rely on, a full copy of the PCN and NTK.

 Interestingly their response shows the following :-

1.        8 Pictures of my car taken with a hand held device, with a time and date stamp, only one shows the parking ticket, 15 minutes          difference to the time stamp.

2.        8 Copies of letters supposedly sent to me, the first dated 29/11/19, 66 days after the alleged breach of terms and conditions.

3.       No copy of the Parking Charge Notice.

4.       No copies of the PDT machine records - this has not been enclosed with our response as this information does not relate to your personal data.

Not sure if this changes anything for me at this stage, perhaps one of you good people could let me have some more advice.

Many thanks

                                   The facts as known to the Defendant:

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

 

3.   The Defendant and his partner frequently use this pay and display car park, located on the busy high street of the town, and always pay for, and display a parking ticket on the dashboard.

The defendant has no recollection of an unremarkable day some 18 months ago, when supposedly there was a failure to comply with unspecified "terms and conditions" in this car park.

 

4.   Both partners regularly used the vehicle; the identity of the driver on the day in question cannot now be recalled, no windscreen ticket was found on the vehicle, and no notice to keeper was ever given to the defendant.

 

5.  The first that the Defendant was aware that there was a problem relating to the use of that car park, was when the Claim form arrived on 26th March 2021, there had been no previous communication whatsoever.

 

6.   The claimant has therefore failed to comply with the strict provisions of the Protection of Freedoms Act, Schedule 4 ("The Act") that may have held the defendant liable under The Act, and as such they are put to strict proof that the Defendant was the driver on that day. None of the Claimant's allegations can be admitted due to the Defendant having no knowledge of the alleged incident and no previous communications as well as very sparse Particulars of Claim, which fail to assist with any informed decision about the case and defence.  Thus, the Claimant is put to strict proof of all their allegations, including an explanation of what happened to the purported parking charge notice and other letter(s).

 

 

 

Redx

So SAR 1 used MNPR , no problem with that

For SAR 2 check those letters to see if the correct name and address were used , check if your V5C matches those details , because the claimant obtained DVLA database details , which needed to be correct at the time of the incident. They can only do this once , within 6 months of the incident

For SAR 3 , possiblity not relevant if they are taking the keeper to court

For SAR 4 , if your data is not in that machine then no record will be produced

Defence 5 states that no letters were received , which is why you should check what I said about the details on the SAR copies , because the claimant has to prove they sent them to the DVLA database registered address , they do not have to prove that the letters were received

What is clear is that the claimant failed to comply with POFA

This court case just won on POFA 

https://forums.moneysavingexpert.com/discussion/6102235/help-please-received-county-court-claim-form-and-unsure-how-to-defend/p1

Dotage

Thanks Redx, can not check V5C details because car was sold about a year ago, but I think they were probably correct.