CCJ. Parking fine sent to old address

Redx

And in 3 , it wasn't Northampton County court , not in my opinion anyway , I would suggest that it was the CCBC in Northampton , completely different place and a different address too

And it's not a penalty

2 seems ok , but 3 isn't right at all , imho , so start on 3 again please

Address the allegations on the PCN be the Particulars of Claim listed on the CCBC claim form that was issued a long time ago by the claimant

Olive_j

There’s not really much point starting over when I can’t see an example of a RIGHT way to word it and what I’ve done is wrong. 

I was trying to defend the underlying case by saying I wasn’t the driver, there’s only one time on the parking charge issued, there was no signage so there is therefore no keeper liability as they haven’t followed POFA. 

Yes there are hundreds of pages on my post BECAUSE I DON’T KNOW WHAT I AM DOING. I’m then constantly scolded for asking for help, yet I was told not to go elsewhere for help. 

Redx

Then show us a redacted copy of the original PCN , plus a redacted copy of the original claim form , so we can see those issues

If they haven't followed POFA , say so clearly in paragraph 3 or add more paragraphs , typically 3 or 4 paragraphs are enough , number each paragraph

Expand on the POFA compliance issues in your WS , keep it concise in the defence

Do not post the rest of the template though , only your changes

Le_Kirk

You are in the right place for help.  But you need to help us to help you.  What does it say on the original PCN/NTK or the original claim form from CCBC, then we can start from there.  You've made a good start, as I said, by using "no keeper liability" and them failing POFA.  Adjust your paragraph 3 along the lines that @Redx suggests and then complete it by refuting whatever was claimed by the claimant.

Umkomaas

I was trying to defend the underlying case by saying I wasn’t the driver, there’s only one time on the parking charge issued, there was no signage so there is therefore no keeper liability as they haven’t followed POFA. 

Is the alleged lack of signage the reason why you argue they fail PoFA?  I don't think that flies. 

Olive_j

Umkomaas said:

I was trying to defend the underlying case by saying I wasn’t the driver, there’s only one time on the parking charge issued, there was no signage so there is therefore no keeper liability as they haven’t followed POFA. 

Is the alleged lack of signage the reason why you argue they fail PoFA?  I don't think that flies. 

I didn’t mention the lack of signage at the entrance to the car park when mentioning POFA. I said it fails the IPC code of practice. 

I’m sure I’ve explained why it fails POFA above. 

-They didn’t serve the parking charge within 14 days as per 9(5). It was served late. 

-9(2) there must be a period of parking. The parking notice included only one time. Not a period of time.

-So they can’t persue the keeper, only the driver as they haven’t followed POFA. I can prove I wasn’t the driver.

No?

Umkomaas

Olive_j said:

Umkomaas said:

I was trying to defend the underlying case by saying I wasn’t the driver, there’s only one time on the parking charge issued, there was no signage so there is therefore no keeper liability as they haven’t followed POFA. 

Is the alleged lack of signage the reason why you argue they fail PoFA?  I don't think that flies. 

I didn’t mention the lack of signage at the entrance to the car park when mentioning POFA. 

I’m sure I’ve explained why it fails POFA. 

They didn’t serve the parking charge within 14 days as per 9(5). It was served late. 

9(2) there must be a period of parking. The penalty notice included only one time. Not a period of time.

So they can’t persue the keeper, only the driver. I can prove I wasn’t the driver.

No?

With almost 300 posts (and we've hardly started on the Defence side of things, yet) I wasn't going to plough back through the 29 pages to try to find that, especially when this is exactly what you had just written:

'there was no signage so there is therefore no keeper liability as they haven’t followed POFA.'

Olive_j

You didn’t need to go through all 300 posts @Umkomaas. I was asking for feedback on what I had written for parts 2 and 3 of the defence. I was asked yesterday to share once I had a go at it. 

Redx

So post redacted pictures of the 2 documents , so we don't have to ask questions , then post a concise version of 3 taking onboard our new comments , starting with non compliance on POFA , this is a gradual process , it evolves , you type , we critique , same as every other court claim thread ( there are plenty of non driving keeper paragraph 3 s on here in other threads )

Olive_j

PCN:

Claim Form: