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Defence letter

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Comments

  • Jafface
    Jafface Posts: 52 Forumite
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    1.     The defendant subsequently visited the location where the the PCN had been issued to look for signage, the driver did not know it was a no stopping area ( a road on a retail park leading to the retail stores). The one  sign which was about 7/8 foot high therefore impossible to see while driving and you would have to stop and get out to read it, then arguably the driver is not bound by it therefore  cannot be liable to pay the charge.

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Much better
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    Were you the driver? Just checking the defence point 2 is the truth!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • No I was nt the driver.
  • Le_Kirk
    Le_Kirk Posts: 25,175 Forumite
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    Jafface said:
    Thank you this is dating back from 2017, do I email VCS for SAR ? It’s a mind field for me sorry for all the questions.
    That made I larf but it is minefield!
  • In the court letter it’s says defendant liable as driver or keeper .. can they do that ? 
  • Redx
    Redx Posts: 38,084 Forumite
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    Yes , just hedging their bets , because a driver is ALWAYS culpable and possibly liable , a keeper may be liable under POFA but not necessarily be culpable
  • Thanks for all the advise I am going to submit it today, will let you know the outcome 😊
  • Jafface
    Jafface Posts: 52 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    edited 15 October 2021 at 11:16AM
    I submitted my defence letter on 13/09/21, today I  have received a letter from dcb legal dated 11/10/21 saying they intend to proceed with the claim. The claimant may be prepared to discuss a settlement in  this case if I phone within 7 days.

    what are your thoughts ? TIA 
  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 12 October 2021 at 2:24PM
    Jafface said:
    I submitted my defence letter on 13/09/21, today I  have received a letter from dcb legal dated 11/11/21 saying they intend to proceed with the claim. The claimant may be prepared to discuss a settlement in  this case if I phone within 7 days.

    what are your thoughts ? TIA 

    Surely it was dated 11th October... not 11th November.

    My thoughts are that this letter appears to satisfy point 7 on that list you were following when you filed your Defence.
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