CST Law case - Judgement made

lurpdog101

Coupon-mad said:

Have you shown us both sides of the original postal NTK?  What I was getting at with your defence draft, is that I think it's non-POFA in wording.  In which case YOU CAN'T LOSE.

Show us the NTKs. Cover your data but NOT dates.

Thanks - so the original letters? I will have to dig out, as I have had over 50 letters from them in the last 2 years. I also never received initial  POFA - Protection of Freedom Act? Looking at an earlier post here - would the POFA wording be something like registered keeper is to be held liable or something? I will dig out the letters I have (saved all I received)...on P2 on this thread, 3rd post down, had uploaded one side, where it does mention section 9(2) or something advising the keeper is liable, as they do not know the driver details etc 

Coupon-mad

That's a reminder.

Find the original PCNs.  First letter.

lurpdog101

Coupon-mad said:

That's a reminder.

Find the original PCNs.  First letter.

ok will try to look - part of my issue and in my appeal was that I never received actual PCNs for most of them, but I know I have a couple. I will get those photographed and uploaded.

Le_Kirk

lurpdog101 said:

ok will try to look - part of my issue and in my appeal was that I never received actual PCNs for most of them, but I know I have a couple. I will get those photographed and uploaded.

Worrying!  Had you or have you moved and not informed the DVLA of new address during the time of receipt (well non-receipt in your case) of the PCNs?

lurpdog101

Le_Kirk said:

lurpdog101 said:

ok will try to look - part of my issue and in my appeal was that I never received actual PCNs for most of them, but I know I have a couple. I will get those photographed and uploaded.

Worrying!  Had you or have you moved and not informed the DVLA of new address during the time of receipt (well non-receipt in your case) of the PCNs?

I never changed address. I just checked again, as have saved all letters....I only received 2 original PCNs from the 8 that they are claiming. This is why I got so confused as received demands for payment for so many. I even cited that in my appeal, but they denied that too, saying they were sent. But surely it is their responsibility to prove they were delivered. Weird seeing as had everything else and I acted immediately when I received the 2 PCNs, for appeal. That's when I found out about the others.

lurpdog101

@Coupon-mad here are the only PCNs I actually received. I actually noticed that one of these is only 12 minutes, which is less than the 15 minutes I think I read. Considering my wife is disabled and with the inadequate space sizes, difficult to get out the car, walk across the car park to read one of their tiny signs, then decide not to enter into their contract, go back to car...

lurpdog101

For info - my appeal was based on the 2 PCNs I actually received as it was only upon their rejection of both, did they clarify there were 6 other occasions. That is where I queried with them as would not have only appealed 2, if I knew of more, and their letters were never clear, as turned out each had different references, which I had not noticed, seeing as only 2 PCNS. 

Also, the 2 original PCNs are the only documents I have been sent where it states the length of duration. All other letters, threats, demands, not one specifies the time in or time out.

Coupon-mad

Oh good.  "Driver liability" only is stated.

Did you miss that?!  You can't lose.

lurpdog101

Coupon-mad said:

Oh good.  "Driver liability" only is stated.

Did you miss that?!  You can't lose.

ah that is great to hear 

Fruitcake

lurpdog101 said:

Coupon-mad said:

Oh good.  "Driver liability" only is stated.

Did you miss that?!  You can't lose.

ah that is great to hear - but would they then start again chasing my wife? I guess if they do, they would need to start again? Or would it be thrown out? 

Do they know who was driving? The only way they can know the driver's identity is if someone was daft enough to tell them. You don't have to tell a judge if they ask, and they shouldn't be asking anyway. If you weren't the driver then you should say so, but there is no law that requires you to say who it was.

Why would they chase your wife? Do not answer that question. Think about it. PPCs sometimes monitor this forum, and have been known to use information gleaned from posts here in court. If they don't know the driver's identity, and the keeper can't be held liable, you would be daft to even hint at who they were, even on here.

The last paragraph here is the reason why you don't want the claimant to know the driver's identity. They have helped your case immensely by saying this, and in fact have left themselves open to a claim for unreasonable behaviour because they know you are the keeper, and therefore not the person who is liable for the charge. They are going after the wring defendant. 



Well spotted C-m!