CCJ. Parking fine sent to old address

Coupon-mad

I wouldn’t bother with PCM v  Bull which IMHO is overkill in a case that is in fact about two things:

- no keeper liability possible in law

- no entrance signs (show they were added later)

Olive_j

Thanks @Coupon-mad. Does showing they added signs at a later date make a difference to the fact there weren’t any there at the time? 

Olive_j

Sorry @Coupon-mad, are you saying leave out forbidding signage altogether, or just to leave out PCM v Bull? Thank you!

Jenni_D

What signage is there now or was added later is of no relevance ... what matters is the signage that was there at the time of the event. As the (alleged) contract can only be made via signage, if there was no signage then there cannot be any contract.

Coupon-mad

I disagree and have been saying this Defendant should be showing a Google Street view timeline to show how the appearance at the entrance changed.  That exposes the missing entrance signage and why it matters.

Forget forbidding signs.

But the killer point is the POFA 2012.  The Defendant MUST be able to confidently show the judge what the POFA says in para 9 and what the PCN History reveals about the late service of the NTK.   Do not accept a judge musing that it might be substantially compliant - there is no such thing with this prescribed timeline.

This is fatal to a claim against a keeper who wasn’t driving and there is no excuse or adjustment allowed.  The 14 days for it to ARRIVE at the keepers house is set in stone and it’s clear the Claimant has tried to hide this, by being misleading in the witness statement and with the date they printed on the NTK.

Jenni_D

Ah! Good point - show that the claimant was aware that their signage was deficient since they had to update/add it after the event.  

Olive_j

Redx said:

Read the post by @Johnnersh yesterday or Tuesday about claiming back costs and time etc

Was this a new thread post? I’ve gone back to the end of August & can’t see it 🙈

Umkomaas

Olive_j said:

Redx said:

Read the post by @Johnnersh yesterday or Tuesday about claiming back costs and time etc

Was this a new thread post? I’ve gone back to the end of August & can’t see it 🙈

Have you clicked on his username to access his profile, then click on 'Replies', which are then shown in chronological order (latest first) for you to check?

Johnersh

Have you clicked on his username to access his profile, then click on 'Replies', which are then shown in chronological order (latest first)

Obviously with the correct spelling 😉

Olive_j

Johnersh said:

Have you clicked on his username to access his profile, then click on 'Replies', which are then shown in chronological order (latest first)

Obviously with the correct spelling 😉

I still can’t bloody find it! I can’t see ‘replies’ when I click on your profile 🤦🏻‍♀️