parking fine from 2016 - advice please

Coupon-mad

Coupon-mad said:

Also tell them to go swivel about the false added 'costs' now banned by Government and that you are seeking debt advice and they must put the case on hold for 30 days.

Did you do this already?

Jenni_D

I wonder if the OP can keep this plate spinning for another 6 months?  

Gingersun

Fruitcake said:

Complain to the landowner. That is always Plan A and it is never too late to get a cancellation.

What is the name of the PPC please?

If you want/need more time then you can send the solicitors a holding instruction to the effect that although you deny the debt, you are seeking debt advice and therefore require the claim to be put on hold for 30 days as per pre-action protocol.
Send it around day 25 from the date on the letter of claim you mentioned above. That will give you about 7 - 8 weeks to try to get a cancellation and/or prepare for a court claim.

Read the guide to court written by bargepole that you find in the second post of the sticky Announcement NEWBIES. This is a step by step guide that will take your from the LBC right through to the court hearing.

Did you get a response to your SAR? Did it include a copy of the NTK? If so, was the NTK PoFA compliant? I am quite sure you cannot remember who was driving on an unremarkable day in November 2016. If you were not driving, or cannot remember who was driving, then the keeper cannot be held liable for the charge if the NTK was not PoFA compliant.

Do not under any circumstance reveal the driver's identity; not on here, not in your complaints, and not in any communications with the PPC.

Hi I'm so sorry - I missed this. Thank you so much for your help. I have attached a pic below of the original letter received. How do I know if compliant please?

I have now received a court claim. Might people help prepare a defence? I'm unsure what to say as a defence, it was so long ago - but if I write might people make suggestions if I post it - do people do that?

It is addressed to my maiden name - though I let them know married name.

Any help much appreciated.

Thank you

Coupon-mad

Just copy any other Highview defence from 2022 (search the forum and read half a dozen so you get what's needed). They never use the POFA so they can't hold a keeper liable.

Fruitcake

The NTK is not PoFA compliant because it does not contain the mandatory wording from para 9 (2) (f) of the PoFA 2012, so is incapable of holding the keeper liable.

Follow the guide to court written by bargepole that you will find in the second post of the NEWBIES Announcement. Start by completing the AoS on or very shortly after day six of the issue date. Do not put anything in the MCOL defence box. Absolutely nothing.
You will email your defence later to the claimant and CCBC.

For your defence, use the template defence from the sticky Announcements at the top of the main forum page. Amend paragraphs 2 and 3, and post just the parts of the template you have amended here for the regulars to check over.

Your para 2 should read something like, ... keeper, but the identity of the driver is not known. Liability is denied.

Para 3 should explain that the defendant cannot remember who was driving on an unremarkable day nearly six years ago, and that several people had access to the vehicle at the material date, therefore on the balance of probabilities the keeper was not the driver.
You then need to state that the NTK was not PoFA compliant, explain why, and state that the keeper cannot be held liable as a result.

Coupon-mad

All of which can be copied from a Highview one that someone did earlier!

Gingersun

Thank you, is there any dos and don'ts to filling in the notice of ackknowledgement please? Thanks

Coupon-mad

Well, you will be putting the surname right and just doing what the AOS section of the NEWBIES thread 2nd post already shows you in pictures.

Umkomaas

Gingersun said:

Thank you, is there any dos and don'ts to filling in the notice of ackknowledgement please? Thanks

How to do that is detailed in the NEWBIES FAQ Announcement, second post, please use that information. You need to be coming back here daily, now you're at the business end of this case, not leaving days, weeks, months between contact with the forum.  Regulars here read every single thread/post, every day, every week, every month, throughout the year. Hundreds and hundreds of cases. You have just the one to sort. 

Are you reading other Highview/DCB Legal cases, because you would know that as long as you continue to play a straight bat to this, the outcome is likely to be in your favour?

Gingersun

Thank you - I found this is this what you mean? Here is a guide to MCOL, how to acknowledge service ('AOS'):

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

I have a paper form through - do I not fill that out? do I do online instead? I'm confused - the paper form asks for employment info & bank info etc

I've read a few highview claims so will follow. Thank you.