County Court Claim to old address from appealed fine

Coupon-mad

When you get enough posts, which you will because you need to show us your addition to the Template defence and then later, your WS, please edit the title of the thread, because you don't have a CCJ and this will confuse us later on, every time you post here.

When you do submit your defence would it be safer to update your address or will your parents definitely show you every letter that arrives, within a week of arrival?

craigbev92

Hello All,

I have submitted the AOR on MCOL, and have created my defence, am I okay to have it read over?

3. Recalling the evidence presented to myself in 2018 as the registered keeper of ‘wrong doing’ in arena car park (where I used to work), I believe the fine was for parking over the lines of a parking bay into a chequered area. I was initially unsure whether I was visiting one of the shops or if it was a relative or partner, so I appealed the fine stating that I was the registered keeper but not admitting liability for driving, I also provided them with my correct address as they had sent it to my then previous address. I have the supporting evidence for this appeal and the acknowledgement of this appeal, my appeal was ignored which after 4 years would lead me to believe that the fine that was “placed on hold until a decision has been made and communicated to me” was not upheld and would not need paying. Fast forward nearly 4 years and my parents inform me that they have a brown envelope for me, I get them to open it and to my dismay it is a court claim for a parking fine which I thought had been resolved through the proper channels. So I believe as the registered keeper I should not need to accept a court claim that was knowingly delivered to an address which was incorrect, and after having my initial appeal acknowledged as received but not responded to, I was under the assumption the whole issue was resolved years ago.

Thank you in advance

Fruitcake

It is not a fine. 

A defence should be written in the third person, so no me, myself, or I.

Your paragraph 2 should state that you were the registered keeper but liability is denied as you do not know who was driving.

You need to explain to the court about the type of car park and why the keeper is not liable.
If the NTK was not PoFA compliant, then you need to say so since the claimant does not know who was driving.

Coupon-mad

This is not relevant to a defence against the allegation - breach of the parking contract:

Fast forward nearly 4 years and my parents inform me that they have a brown envelope for me, I get them to open it and to my dismay it is a court claim for a parking fine which I thought had been resolved through the proper channels. So I believe as the registered keeper I should not need to accept a court claim that was knowingly delivered to an address which was incorrect, and after having my initial appeal acknowledged as received but not responded to, I was under the assumption the whole issue was resolved years ago.

Remove the above.  

Look at the NTK if you have it, and see if it is a POFA one or not (the wording).  See POFA Schedule 4.

craigbev92

Hello again,

I have not been able to locate the original NTK, however there was 115 days between my appeal and the date of fine, and my appeal would have been within the 14 days so would push the NTK out to 111 days, however I cannot guarantee this appeal was from the NTK or a debt collector letter. is it worth risking it being out of the POPLA time frame, or should I use the fact that I did not receive a decision to my appeal therefore the fine is technically still on hold? I will work on a couple of responses for both of these in the meantime.

Thank you in advance

craigbev92

Recalling the evidence presented  in 2019 as the registered keeper of ‘wrong doing’ in arena car park,  believing the fine was for parking over the lines of a parking bay into a chequered area, not another parking bay. The registered keeper  was initially unsure whether they  were visiting one of the shops or if it was a relative or partner, so the registered keeper appealed the notice to keeper stating that they were the registered keeper but not admitting liability for driving, they also provided them with the correct address for the registered keeper as they had sent it to a then previous address. The registered keeper has the supporting evidence for this appeal and the acknowledgement of this appeal, the appeal was ignored which after 4 years would lead them to believe that the fine that was “placed on hold until a decision has been made and communicated to me” as stated within the acknowledgement email that the appeal was received, was not upheld and would not need paying. The registered keeper has since read the Recovery of unpaid parking charges act, Schedule 4, paragraph 8(5) Where the notice must be served within 54 days, The appeal was sent on the 23rd of February which was 115 days after the date of the parking contradiction, this appeal would have been sent with the appeal period of 28 days.

Does this sound better?

KeithP

craigbev92 said:

The registered keeper has since read the Recovery of unpaid parking charges act, Schedule 4, paragraph 8(5) Where the notice must be served within 54 days.

Recovery of unpaid parking charges act - what is that?

Suggest you get the name of the Act of Parliament correct.
Try The Protection of Freedoms Act 2012.

Coupon-mad

 is it worth risking it being out of the POPLA time frame, 

Do you mean the POFA time frame?  The date isn't the only consideration, which is why I said:

 "...see if it is a POFA one or not (the wording). "

If you haven't got the NTK, you will need it later, so send a SAR for it.

craigbev92

Coupon-mad said:

 is it worth risking it being out of the POPLA time frame, 

Do you mean the POFA time frame?  The date isn't the only consideration, which is why I said:

 "...see if it is a POFA one or not (the wording). "

If you haven't got the NTK, you will need it later, so send a SAR for it.

Hi there,

I sent a SAR request on the 17th and chased a couple of days later, I did receive an automated response to the initial email but not the chaser. Is this normal timescale? Concerned I will fun out of time on my response to the CCC.

Thank you

Le_Kirk

Th PPC (well any organisation) has 30 days to respond to your SAR.  If they do not, then report them to the ICO.  The data from the SAR will be more useful to you at witness statement time than defence.