POFA 2912 keeper liability

Le_Kirk

You do send all the paragraphs from the template defence added to your own words as paragraphs 2 & 3 as the template defence thread explains, however you might want to explain that due to the NTK not being PFA compliant the keeper cannot be held liable for the actions of the (unknown) driver.

jaydee121

Thanks yes I have said ntk didn’t arrive until after 14 days had passed because date of posting stated on ntk was day 14 after parking event. My second point is that driver exceeded time limit due to parking company reducing time limit and not using adequate signs to show reduced time change 

Coupon-mad

Sounds solid.  In para 2 only 'deny' being the driver if that is TRUE.

jaydee121

Update: so defence was emailed and now mcol shows defence acknowledged and also DQ sent to me (I presume by post)

  I have now found email for VCS litigation@vehiclecontrol.co.uk. Should I send them a copy of my defence?? And should I add anything about in view of their many recent claim rejections by judges that I expect them to lose again and that I will be claiming costs against them??? 

Fruitcake

Send a copy of the defence to VCS as they have a habit of *cough* not receiving them. There have also been reports of failures by the CCBC in sending out stuff to the claimants.

There is no point in sending them anything about the likelihood of losing. You should submit a schedule of costs near the hearing date, but unless you can prove unreasonable behaviour, it will be capped at £95.

Do review the 12 steps in the guide to court as you still have more to do.

Le_Kirk

jaydee121 said:

Update: so defence was emailed and now mcol shows defence acknowledged and also DQ sent to me (I presume by post)

Fruitcake said:

Send a copy of the defence to VCS as they have a habit of *cough* not receiving them. There have also been reports of failures by the CCBC in sending out stuff to the claimants.

If the CCCBC has sent you a DQ, it means that they must have sent a copy of the defence to the claimant and received the claimant's intention to proceed with the claim surely?

jaydee121

Not received DQ yet but mcol status says DQ sent, so i guess will be arriving next week by post? or do they send by email? 
anyone know?

KeithP

jaydee121 said:

Not received DQ yet but mcol status says DQ sent, so i guess will be arriving next week by post? or do they send by email? 
anyone know?

By post.    

jaydee121

Update:  I have received the N180 DQ form by post.  I have filled in but have a question please before I send by email to CCBCAQ@justice.gov.uk .  Since I am advised to copy in the claimant, should I complete  all of part B  Contact details including home and mobile numbers and email?? I don't want mediation so don't think the court need my phone numbers, do they?? I don't think claimant has my phone numbers and I don't really want them to know.  (Obviously they will get my email when I copy the N180 to them).

Also, just got a letter from claimant, VCS, saying that Elms is no longer acting on their behalf and stating I should correspond with them directly. And they offer settlement for £195 within 14 days......haha no way!

Advice as always is appreciated.

jaydee121

So as I have to deal with VCS directly since Elms no longer involved, should I politely decline their offer of £195 settlement, tell them I have filed N180 and add that I will see them in court and I will ask the judge for my costs to attend court including X number of hours at £19ph preparation.???  Thanks.