unpaid PCN, court hearing letter - case CLOSED

kokolino23

Coupon-mad said:

Yes you can add that the purported evidence shown to the Defendant shows a completely unreadable sign that would require a stepladder to read.

You still need to remove the bold.

I've added the comment P9 (many thanks!).

I've removed the bold for "which is a serious breach of the BPA Code of Practice".

In the Defence template, there are some other bold comments related to para XYZ as well, I presume I have to remove them as well.

Also, P4 on Defence Template mentions this

The Defendant avers that the CRA 2015 has been breached due to unfair terms and/or unclear notices (signs), pursuant to s62 and with regard to the requirements for transparency and good faith, and paying regard to examples 6, 10, 14 and 18 in Sch2. 

Silly question, is not related to Paragraphs 6,10,14,and 18, is it? Otherwise I'd need to ammend them according to Paragraphs related to my defence. Sorry, I'm not familiar with legal terms, not sure what Sch2 is.

KeithP

kokolino23 said:

Also, P4 on Defence Template mentions this

The Defendant avers that the CRA 2015 has been breached due to unfair terms and/or unclear notices (signs), pursuant to s62 and with regard to the requirements for transparency and good faith, and paying regard to examples 6, 10, 14 and 18 in Sch2. 

Silly question, is not related to Paragraphs 6,10,14,and 18, is it? Otherwise I'd need to ammend them according to Paragraphs related to my defence. Sorry, I'm not familiar with legal terms, not sure what Sch2 is.

CRA2015 = Consumer Rights Act 2015.

Sch2 = Schedule 2 of that CRA2015.

S62 = Section 62 of CRA2015.

You will now see what examples 6,10,14 and 18 are.

kokolino23

I can't think of anything else worth adding to my Defence (page 7) at present.

Should I email it over or wait until the deadline?

The claim was issued on 07/12/21, AoS submitted on 13/12/21 and received on 14/12/21

Thank you

kokolino23

This is interesting, their NTK is referring to Schedule 4 of the Protection of Freedoms Act 2012 as they should.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted#schedule-4-paragraph-8

According to the law:

The notice must
(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

Their NTK doesn't specify the period of parking, just the issue time of the PCN.

On the PCN provided by SAR, the charge is £100 and a reduce charge of £60 is payable if the payment is received within 14 days.

On the NTK, says this:

If, after a period of 42 days, (beginning with the day after this Notice is given), the amount requested in this Notice has not been paid in full (or we have not been informed of the driver’s name and current address) you, the Registered Keeper under the terms of,Schedule 4 of the Protection of Freedoms Act 2012,will be liable to pay the unpaid Parking Charge.

Parking Charge Amount £100

14 Day Early Pay Discount £0

Total now due £100

According to the law, shouldn't they offered the keeper a discount as well ?! Not sure...

Redx

kokolino23 said:

I can't think of anything else worth adding to my Defence (page 7) at present.

Should I email it over or wait until the deadline?

The claim was issued on 07/12/21, AoS submitted on 13/12/21 and received on 14/12/21

Thank you

There is no point emailing the defence on a day or time when the CCBC is closed !! None at all

Perhaps later this week between 9 & 4 ? Or before the deadline KeithP gave you , your choice

Coupon-mad

kokolino23 said:

This is interesting, their NTK is referring to Schedule 4 of the Protection of Freedoms Act 2012 as they should.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted#schedule-4-paragraph-8

According to the law:

The notice must
(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

Their NTK doesn't specify the period of parking, just the issue time of the PCN.

On the PCN provided by SAR, the charge is £100 and a reduce charge of £60 is payable if the payment is received within 14 days.

On the NTK, says this:

If, after a period of 42 days, (beginning with the day after this Notice is given), the amount requested in this Notice has not been paid in full (or we have not been informed of the driver’s name and current address) you, the Registered Keeper under the terms of,Schedule 4 of the Protection of Freedoms Act 2012,will be liable to pay the unpaid Parking Charge.

Parking Charge Amount £100

14 Day Early Pay Discount £0

Total now due £100

According to the law, shouldn't they offered the keeper a discount as well ?! Not sure...

No.

Missing the point.

See my reply yesterday to someone, giving them a written defence point about the tedious '42 days' that UKPC use in error.  Copy that.

No link, it's in my replies on my profile.

kokolino23

I've also added Paragraph 10 to my Defence

10.       Legislation requires that key terms of a contract, must be assessed for fairness by a court, where those terms are not both 'prominent and transparent' (which the Defendant avers they are not). Examples of terms that may be unfair under the Consumer Rights Act include: charges hidden in small print; added costs not specified prominently and clearly in the contract, and disproportionate charges. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Coupon-mad

Yep looks good but the court won't dismiss the claim without a hearing.

kokolino23

Coupon-mad said:

kokolino23 said:

This is interesting, their NTK is referring to Schedule 4 of the Protection of Freedoms Act 2012 as they should.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted#schedule-4-paragraph-8

According to the law:

The notice must
(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

Their NTK doesn't specify the period of parking, just the issue time of the PCN.

On the PCN provided by SAR, the charge is £100 and a reduce charge of £60 is payable if the payment is received within 14 days.

On the NTK, says this:

If, after a period of 42 days, (beginning with the day after this Notice is given), the amount requested in this Notice has not been paid in full (or we have not been informed of the driver’s name and current address) you, the Registered Keeper under the terms of,Schedule 4 of the Protection of Freedoms Act 2012,will be liable to pay the unpaid Parking Charge.

Parking Charge Amount £100

14 Day Early Pay Discount £0

Total now due £100

According to the law, shouldn't they offered the keeper a discount as well ?! Not sure...

No.

Missing the point.

See my reply yesterday to someone, giving them a written defence point about the tedious '42 days' that UKPC use in error.  Copy that.

No link, it's in my replies on my profile.

I can't find that reply, unless was given to myself. I've included your point on Paragraphs 4 & 5 of my Defence.

kokolino23

Coupon-mad said:

Yep looks good but the court won't dismiss the claim without a hearing.

That's fine, I'm prepared to go all the way! If a Judge decides do pay what is fair, so be it. If not, I'm not willing to pay what these crooks wants.