CCJ PARKING FINE DEFENCE HELP NEEDED

Justicewanted

Thanks for your help everyone that’s great.

Justicewanted

So I have completed the N180 form and emailed it back to the County Court. I have also sent a copy to the claimant. 

I want to now start preparing my witness statement are there any links of recent good examples?
I’m struggling to find anything decent on the forum?

go-on-then

I'm sure @ricky_balboa and @jrhys are the ones that Coupon Mad points posters to at the moment.

Justicewanted

Through following the newbie’s thread and sending off for the Subject Access Request 'SAR' I received this eventually after asking twice. 
The PCN was issued after 14 days does this make it invalid?
They make reference to the POFA 2012 in the 2nd part of the notice.

KeithP

Justicewanted said:

The PCN was issued after 14 days does this make it invalid?

No. Nothing makes a PCN invalid. What do you even mean by 'invalid'?

The parking company's contract with the DVLA allows them six months to ask for keeper's details from the DVLA.
Their trade association allows them a further month to get a Notice to Keeper to the keeper.

However, the POFA insists that a Notice to Keeper must be with the keeper within fourteen days if the parking company wants to use the facilities of POFA to transfer any driver's liability to the keeper.

Coupon-mad

It makes it non-POFA, obviously (no keeper liability).  That is not the same as invalid.

Justicewanted

KeithP said:

Justicewanted said:

The PCN was issued after 14 days does this make it invalid?

No. Nothing makes a PCN invalid. What do you even mean by 'invalid'?

The parking company's contract with the DVLA allows them six months to ask for keeper's details from the DVLA.
Their trade association allows them a further month to get a Notice to Keeper to the keeper.

However, the POFA insists that a Notice to Keeper must be with the keeper within fourteen days if the parking company wants to use the facilities of POFA to transfer any driver's liability to the keeper.

So just to clarify if it is non-POFA as coupon-mad says have the parking company missed the deadline to transfer the liability to the keeper? Is it worth bringing up in my witness statement?

Coupon-mad

Yes if you weren't driving, of course.

Justicewanted

Coupon-mad said:

Yes if you weren't driving, of course.

In that case would I have to prove who was driving at the time?

Le_Kirk

The burden of proof of the actual driver is on the claimant, you just have to prove "it wasn't me Guv"!