County Court Claim to old address from appealed fine

fisherjim

When you are dealing with these events it's important you get all your facts and terminology right e.g., you have already been informed it is not a "fine" but you keep on calling it that!

Coupon-mad

craigbev92 said:

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.

None of us would ever tell anyone to wait for the SAR, and delay a defence!  You are not getting the SAR to use in a defence.  You will use it later to inform your (pre-hearing) witness statement and evidence stage.

Do not delay the defence.

craigbev92

Hi Everybody,

So I submitted my defence and I have received the N180 from Gladstones, but not from the courts yet, defence was sent on 6th June, should I be chasing at this point?

I have managed to edit the title of the thread now also.

Thank you

Jenni_D

What does your MCOL history say? If it says a DQ has been issued then simply download a copy from the MCOL website and complete it. (As ever, please keep referring to the 12 numbered steps from the template defence thread. and the court advice in the NEWBIES thread).

KeithP

craigbev92 said:

Hi Everybody,

So I submitted my defence and I have received the N180 from Gladstones, but not from the courts yet, defence was sent on 6th June, should I be chasing at this point?

I have managed to edit the title of the thread now also.

Thank you

Go back to that list you were following when you filed your Defence.

Here is item 7 on that list...

You might want to re-read the rest of that list again.

craigbev92

Hello All,

Sorry to bother again, I have received my SAR back from parkwatch and have noted that the date of the PCN was 31/10/2018 and the reminder to keeper was 3/12/2018, it does mention PoFA and 29 day rule:

You are advised that if, after 29 days from the date given (which is presumed to be the second working day after the Date Issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver we have the right to recover any unpaid part of the parking charge from you. This Notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of that Act. Should you provide an incorrect address for service, we may pursue you for any Parking Charge amount that remains unpaid. Should you identify someone, who denies they were the driver, we may pursue you for any Parking Charge amount that remains unpaid.

Am I correct in thinking this still breaches the timescales allowed? I am going to try to begin my witness statement at the weekend and wanted to make sure my ducks are in a row.

They also have my appeal on file and no reply to it, appeal date 23/02/2019.

Thank you

Coupon-mad

A 'reminder' is irrelevant. What other PCN documents went before it and when?

craigbev92

Coupon-mad said:

A 'reminder' is irrelevant. What other PCN documents went before it and when?

A PCN on 31/10/2018

Coupon-mad

OK so does this first letter not meet para 8 of Schedule 4? It was sent in time but are you saying it isn't a POFA version?.

1505grandad

"...... I have received my SAR back from parkwatch and have noted that the date of the PCN was 31/10/2018 and the reminder to keeper was 3/12/2018, it does mention PoFA and 29 day rule:"

"This Notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012..... "

I thought it was a NtD  -- should parkwatch have issued it under para 8?