Pcn's sent out by Dcb Legal

Tapluk3

Hi, i did not ring a number coupon-mad, perhaps i dont understand what number you mean, sorry, also may i ask i am just filling in N180 form to send, can i put my husband down as a witness as well if he is going to be my lay-rep please? We are always together then and now, been married 54 years this year,lol, thankyou

Redx

Tapluk3 said:

Hi, i did not ring a number coupon-mad, perhaps i dont understand what number you mean, sorry, also may i ask i am just filling in N180 form to send, can i put my husband down as a witness as well if he is going to be my lay-rep please? We are always together then and now, been married 54 years this year,lol, thankyou

They only need to know how many witnesses there are in case the court room needs to accommodate them , in a face to face hearing , so if only 2 or 3 , put a small number , so say 2 in your case , unless there are more

It's irrelevant for a video or telephone hearing , so a small number is acceptable , just so the court has an idea of the ballpark numbers who may attend , on both sides , so you can put down 2 for your side ( or 3 if another person is attending too )

Tapluk3

Thankyou Redx

Coupon-mad

The note looked like it says 'if any problem ring xxxxxxxxxx'?

KeithP

Coupon-mad said:

The note looked like it says 'if any problem ring xxxxxxxxxx'?

No, I think the note says "Please knock at number xx xxxxxxxxxxxxx if any problems. Thanks".

Tapluk3

No, it said knock at number 3

Tapluk3

Hi, I have been reading Pofa 2012, regarding whether keeper liability might apply, can i ask please would anyone be able to comment when doing a WS do i have any grounds to say keeper liability does or does not apply to me? I did see it says excludes parking on a public highway and i think if warden controlled, i assume where the car was parked seems to be a public highway and not a car park, although cannot be sure of this with photos they supplied. I was going to ask the local Mp in Essex this but see it says they do not answer questions if you do not live in the area, thankyou

Redx

If a private company , UKPC , was operating , then it's private property ! Do not assume , ever !

UKPC would need permission flowing from the true landowner to operate on private property , be it a bay or a road

POFA does not apply on council land , public roads , airports , ports or railway stations , where bylaws etc apply , your case is none of those , it's private property

So if the claimant fully complied with POFA , then the defendant keeper may be liable for their vehicle being on that land without permission ! ( Even if they were on holiday in Cancun , Mexico , and didn't park it there , which is why car keys should have been locked in a safe or safety deposit box etc )

The first postal NTK PCN should be an indicator of if UKPC complied with POFA , or not , so check it , check dates , wordings , warnings , observation times , check everything !

Any MP enquiries go through your own constituency MP , parliamentary rules dictate this protocol )

Tapluk3

Hi Redx thanks for your help, I have done as you said reading the notification they say was sent ( which i swear i never received) as mentioned by my hubby being Poirot, lol, he has put hours into tracing back 5 n half years, asking kids if they used car, to which they replied no, then looking like it could be neighbours as whoever parked the car received tickets on screen, so would have known letter would come to our flat, if it was neighbours could have destroyed letter, Etc. Etc. Etc. Contacting holiday sites for proof, been to bank numerous times, i have to stress he has enjoyed doing all that, 35 years ago the council decided they had a problem with us, ( long story) got quite heavy and went on for 20 months, he fought it and won the day, much to the dismay of a rather large council, this he has found quite difficult as never been in this position before over parking issues. Here is copies of the first Pcn, it seems by reading he thinks they have done everything by the book which would be expected due to the volumes they send out weekly, one ticket allowed 5 mins waiting time, the other ten mins waiting time. May i ask then as he has built quite a dossier of everything he thought might help us, is all that not neccessary to take to court to show a judge? If as it seems they have done right by Pofa on there letter then it seems as you say, being on holiday, not locking keys up etc. etc. will be no use to us to  produce in court. They obviously know they have a good case against us then as they seem to have complied with the rules ie: Pofa, albeit it the ridiculous amount they have added on to the original £100 for each Pcn. So what i am asking is: do we just attend court, state under oath i was not the driver, state that the £571.72 is a ridiculous amount and they are not allowed to do that, and accept that the judge might find in their favour and as pointed out might have to pay around £300 ish. Also is taking all the info we have obtained from banks, holiday companies, kids saying didn't drive the car, might have been neighbours and so on ( i know you said to late to try and find driver as gone past that stage) now worthless and not worry about producing in court?  then i could tell hubby to stop and we just wait for court date, i really appreciate your advice and help  in this matter you have all been great, but if this is the end of the road now will do as i said, wait and hope on the day the judge is a little lenient

Redx

There are no dates on that picture , so check if the sending date is 12 days or less after the issue date , because if there was no windscreen PCN then POFA allows for 14 days

Also check if the address that the postal PCN was posted to was the correct address as listed on the V5C document ( the address on the DVLA database ) on the day of the incident , and when the postal PCN was posted ( it's not about receiving the PCN or not , it's about UKPC posting it correctly to the address listed on the V5C ) either they did send it to the DVLA database listed address , or they didn't , one or the other. My money is on that they did , because they do this every day of the week

My point is that they followed the correct procedure , nothing to do with you not receiving it , that part is largely irrelevant

So if the dates are correct , within the POFA timescales , plus if the wording and content etc meets the law of POFA , then clearly that paragraph warning the keeper would apply , meaning that a keeper may be held !unable for the vehicle clearly being on site !

This means that it doesn't matter who was driving the vehicle , because they can and do and are chasing the keeper !

The defendant is the keeper , so they may be liable , in court

The defendant can be stating all you said in their Witness statement , putting the claimant to proof of complying with POFA , plus putting the claimant to proof of a valid contract flowing from the private landowner , putting the claimant to proof of adequate signage , plus proof that they followed all protocols and laws etc

Then if the claimant wins , the defendant would try and get all spurious charges removed , leaving a sum of say £300 ish to pay , in full , within the 30 days grace period allowed by the judge ( you would pay the legal firm , not UKPC )

So your Witness statement better be good , but won't be needed for a few months ! ( Providing that the N180 has been mailed out before next week )