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PCN advise before submitting claim

24567

Comments

  • 12b3
    12b3 Posts: 62 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    @Redx
    issue date from the CCBC claim form: 06/04/2021
    Acknowldged via the online (MCOL) on : 16/04/2021

    I think today is the last day I can send email to CCBCAQ@Justice.gov.uk  , so I am using the template and I can add the bit about not  being POFA  and provide any evidence (witness statement) of the fact that I was not in the vehical at hte time and date of the allaged offence. Any other suggestions? 


  • 12b3
    12b3 Posts: 62 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    12b3 said:
    @Redx
    issue date from the CCBC claim form: 06/04/2021
    Acknowldged via the online (MCOL) on : 16/04/2021

    I think today is the last day I can send email to CCBCAQ@Justice.gov.uk  , so I am using the template and I can add the bit about not  being POFA  and provide any evidence (witness statement) of the fact that I was not in the vehical at hte time and date of the allaged offence. Any other suggestions? 


    @Keith these are the dates
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 May 2021 at 9:32PM
    12b3 said:
    issue date from the CCBC claim form: 06/04/2021
    Acknowldged via the online (MCOL) on : 16/04/2021

    I think today is the last day I can send email to CCBCAQ@Justice.gov.uk...
    You have longer than you think.  :)
    Although I have no idea why you left it until after 5pm on the day you thought your Defence is due before starting this thread.

    With a Claim Issue Date of 6th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th May 2021 to file your Defence.
    That's a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    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.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 3 May 2021 at 9:39PM
    12b3 said:
    @Redx
    issue date from the CCBC claim form: 06/04/2021
    Acknowldged via the online (MCOL) on : 16/04/2021

    I think today is the last day I can send email to CCBCAQ@Justice.gov.uk  , so I am using the template and I can add the bit about not  being POFA  and provide any evidence (witness statement) of the fact that I was not in the vehical at hte time and date of the allaged offence. Any other suggestions? 


    Use the dates KeithP just gave you , no assumptions , so 10th may , another week !!

    At this stage there will be just your emailed defence , no Exhibits , no evidence , no witness statement. , Not needed for several months !!

    So defence only , a keeper but not the driver Defence will suffice , so post your 2 adapted paragraphs below , for critique


  • 12b3
    12b3 Posts: 62 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Thank you very much @KeithP   and @Redx , that's a releif to know I have some more time. Why I left it till now it's just me being the ostrich with the head in the sand  :#
    Also I just waded through my old documents and managed to find the first letter they sent me , I just had a pic of it on my phone before I started this thread. 
    Read in some other thread that somtiems the POFA wording is on the 2nd page ,and suerly this letter is a 2 sided printed page with the POFA wording on the 2nd page. 

    @Redx can I still use the template a keeper but not the driver Defence? 
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 3 May 2021 at 10:11PM
    12b3 said:
    Thank you very much @KeithP   and @Redx , that's a releif to know I have some more time. Why I left it till now it's just me being the ostrich with the head in the sand  :#
    Also I just waded through my old documents and managed to find the first letter they sent me , I just had a pic of it on my phone before I started this thread. 
    Read in some other thread that somtiems the POFA wording is on the 2nd page ,and suerly this letter is a 2 sided printed page with the POFA wording on the 2nd page. 

    @Redx can I still use the template a keeper but not the driver Defence? 

    correct, if its true , keeper not driver is a typical defence when true

    as for the first PCN NTK letter, check it for compliance (or failure) against POFA (the law) , not just wording but timescales too


  • 12b3
    12b3 Posts: 62 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Thank you guys as a starting point can I  upload image of the NTK in this thread ( with personally identifiable information redacted ) just want to get an opinion if this letter is compilant with POFA as suggested above. 
    I did a read up on this from this site's ANRP section  and it appears to me my letter doesn't identify the "Creditor". Am I right in thinking this is the landowner? 
    Further plan of action and guidance required : 
    1. Request a SAR from CEL -for this is I am using the template here  and emailing the DOA of CEL. (Do I need to pay for this service and also do I need to post this by registred  royal mail as well the email?  )
    2. Find out who is the landlord for that car park (Where do I get this information? I )
    3. Write a letter of complaint and request to set aside the fine  ( Any template links for this will be appreciated) 
    4. Draft a  defense and share it here for critique.  I am using the template here and adding relvant info in the sections.

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Yes , attach a redacted copy of the NTK PCN , or add a link to Imgur or a similar web hosting site

    1 you are emailing the DPO at CEL , it's been free for 3 years !! , Email not post

    2 land registry or council

    3 the Newbies FAQ sticky thread near the top of the forum , plus the others , all are in Announcements , top 5 threads of this forum

    4 adapt just paragraphs 2 and 3 and post just those you have changed below
  • 12b3
    12b3 Posts: 62 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    See attached redacted copy of letter I received , coudn't find the landloard but while searching for it found a lot of incidinets realted to this place , I have never been to this place but apprently this very car park is quite famous or infamous .

    This place was the reason why the petintoin to ban clampling was initialed , local MP Micahel GOve was involved in raising awarness of the unfair practices here 
    https://www.getsurrey.co.uk/news/surrey-news/frimley-motorists-still-being-hit-8450443

    here's a video of a local councillor warning about this place ( apprenetly first 20 mins is free) 

    https://www.youtube.com/watch?v=XNzlBYfOFUo
    some videos of people being clamped here before it was made illegal.

    https://www.youtube.com/watch?v=fP2SU30QBho

    https://www.youtube.com/watch?v=48t5qOWczWg

    https://www.youtube.com/watch?v=MXqjFOdmjH8

    Please provide any advise based on the letter below that would be helful to use ion my defense. 


  • Ralph-y
    Ralph-y Posts: 4,752 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    SOME IDEAS ON DETERMINING WHO OWNS THE LAND

    1. Google searches
    2. If a retail park, check on any signage which lists the on-site outlets
    3. Ask retailers on the site if there is a managing agent
    4. Ask retailers on the site to whom do they pay rent
    5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)
    6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information
    7. Contact The Land Registry and for around £3 they should be able to provide definitive detail
    8. Give us the name of the car park, we may have seen other cases there.

    Ralph B)

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