Urgent defence help please! Claim made by CEL

Tricky_1

Ok so POFA says that the 14 day period starts the day after the parking event in this case the 17th. That would mean they had until 31st Dec for the NTK to be delivered. Unless proven otherwise, the NTK would be deemed to be delivered 2 working days after being posted - in this case the 30th December. Therefore I would need to prove it was delivered on the 4th working day after posting (3rd working day is 31st and within the deadline. 4th working day is 4th January). Is this possible to prove and how would I go about that?

Redx

It's your word against theirs , impossible to prove

Tricky_1

Shall I submit the defence posted above or submit the following instead:

2.  It is admitted that the Defendant is the registered keeper of the vehicle in question but the driver of the vehicle at the time of the alleged parking event is not known.

3.  The Defendant received notification of the parking charge on Monday 4th January. Therefore, the Claimant has not complied with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4 Section 9 which stipulate the Registered Keeper must be notified of a parking charge within 14 days. For this reason the Claimant cannot hold the Defendant liable. The 4th of January is the 4th working day after the Parking Charge Notice was posted. I understand that the Protection of Freedoms Act 2012 Schedule 4 presumes delivery to have taken place within 2 days of posting but, with the postal service at its busiest time of the year, the Claimant should have taken the precaution of posting earlier to ensure it complied with the strict requirements of the Act.

Redx

If you are asked in court either by the judge or the claimant , the following question , what would your truthful honest reply be ?

Mr tricky , were you the driver on the day of this incident ??

Think about it , perjury is a criminal offence , so if you tell them what you have already told us , the last Defence is in tatters !

We all know who was driving , it says so on page 1

Tricky_1

Thanks I will stick to the original defence which I posted above. 

Redx

I did mention checking the keeper or Driver argument by either Johnersh or Bargepole , so I assume that you failed to read it , so read it and decide, Its the first post ,

https://forums.moneysavingexpert.com/discussion/6301728/driver-not-driver-undue-reliance-on-pofa-in-court-defences#latest

Tricky_1

Redx said:

I did mention checking the keeper or Driver argument by either Johnersh or Bargepole , so I assume that you failed to read it , so read it and decide, Its the first post ,

https://forums.moneysavingexpert.com/discussion/6301728/driver-not-driver-undue-reliance-on-pofa-in-court-defences#latest

Thanks Redx I have read and understood Bargepole's post and I will be sticking to my original defence which admits I was the driver. Do you have a link to Johnersh's post as I would also like to read that out of interest and was unable to find it. Thanks

Redx

I knew it was one of them , I found it and linked it , note the words , by either , meaning one or the other