County Claim - One Parking Solution - Advice needed urgently!

Redx

Ops have an incident and obtain keeper details from the DVLA database
An NTK PCN arrives in the post to a registered keeper containing a 28 days deadline

Keeper appeals it to OPS within 28 days using the blue text template
Ops reject the appeal and issue a Popla code which expires at 33 days
Keeper appeals to Popla before day 32
POPLA go through the motions with Claimant and appellant
Decision is made by Popla , accept or reject the Popla appeal

This all happens with the first 2 months of the incident date , or maybe 3 months if a windscreen PCN NTD was issued

With me so far ? 

If it had all been followed at the time , then it would have been easy as pie to win at Popla , on a technicality probably



Let us assume that it wasn't done , or the appellant victim lost

Ops issue an LBC , followed by a court claim pack from the CCBC in Northampton

Apellant is now a defendant and cannot reset it back to a Popla appeal etc

Court claims have procedures , rules and deadlines , I believe that you are here , at that stage , possibly at the N180 DQ stage ??

bloodyparkers

Thanks both, yeah I've missed that stage definitely - I can hopefully still use some of the Stanmer park-related points from the other cases/threads though.

bloodyparkers

Quick update on my thread - just at the Directions Questionnaire stage and I have a question I'm hoping someone can help with.

Should I list my partner as a witness? They were the driver so I assume yes.

Coupon-mad

Do you want to subject your partner to this?

Is there a good reason to, do they have a compelling story to tell or evidence that you as keeper couldn't voice?

Jenni_D

Are you (they) supplying a witness statement and will they be attending the hearing?

bloodyparkers

I could supply the evidence - I don't think a personal testimony is needed if I have the info (summary already included in the defence). So as long their attendance is not required to reference e.g. the poor signage, I woudl prefer to leave them out of it as suggested.

This case is Stanmer Park (and would have passed POPLA stage if I had been better organised) and I was the registered keeper not driver.

Jenni_D

Who is being taken to court? You? (Sorry - no time to read back through the thread).

bloodyparkers

Yes, the registered keeper.

Le_Kirk

The only reason they ask about witnesses is to see how big a court room they need and in these days of telephone hearings it is not necessary.  Just put two!

Coupon-mad

You don't need the driver as a WS because in theory, OPS could then go after the driver if they fail with you.

Absolutely no keeper liability here and OPS were warned over a year ago by the BPA to stop putting misleading wording on their Stanmer Park letters saying that the keeper is liable under the POFA.