Claim issued but UKPC ignored me naming driver

roger.taggart

7. Accordingly, it is denied that the claimant has any entitlement in law pursuant to the Protection of Freedoms Act Schedule IV, the conditions of s. 5(1)(a) and (b) set out below, not having been met. 

Conditions that must be met for purposes of paragraph 4

5(1)The first condition is that the creditor—

(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

8. Whilst the Claimant may have a claim against the driver (and nothing in this defence should be interpreted as an acceptance of the merits of any such claim), it is a matter of fact that the claimant was on notice of the identity of the driver. The information was provided promptly, long before the commencement of these proceedings. It therefore follows that the claimant no longer has any basis upon which to pursue the defendant as keeper and is unable to meet the conditions precedent to do so. 

9. The claimants claim is misconceived and wholly without merit. The claim denied. It follows that the additional claims for costs and interest are also denied. 

Firstly many thanks for this reply Johnersh.

 Just a quick clarification "Conditions that must be met for purposes of paragraph 4"
Which paragraph 4 are you referring to or is this referring to schedule IV??
many thanks

roger.taggart

attached are 3 pages of defence. Are they OK?

Jenni_D

Paragraph 4 wording refers to para 4 of POFA (i.e. the right to claim unpaid parking charges) - everything from bold text down to the italic word driver are extracted from POFA.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

In your defence document you could maybe indent that quote so as to make it clear that it is a quote.

Fruitcake

Paragraph 7 of the defence suggested by Johnersh relates to: -
Schedule 4 (IV) of The Protection of Freedoms Act (PoFA) 2012,
Paragraph 4
Subsections 5 (1) (a) and (b) 

Umkomaas

Your Statement of Truth is well out of date having changed in April 2020. You need check out the new form of words via a Google search, it's important!

roger.taggart

Umkomaas said:

Your Statement of Truth is well out of date having changed in April 2020. You need check out the new form of words via a Google search, it's important!

How's this one:
I [believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’

Coupon-mad

Yes, I think that matches the one the NEWBIES thread tells everyone to use.

roger.taggart

OK the defence statement is done. I have read the newbies thread.

Am I correct in that this letter now just needs to be sent via registered post to the Northampton CCBC? Or can it be emailed to CCBCAQ@Justice.gov.uk??

No other attachments or inclusions? The letter header has the claim no., claimant details so it should enter their system correctly and I then jusst wait for them to send out the DQ N180 form?

KeithP

roger.taggart said:

OK the defence statement is done. I have read the newbies thread.

Am I correct in that this letter now just needs to be sent via registered post to the Northampton CCBC?

No other attachments or inclusions? The letter header has the claim no., claimant details so it should enter their system correctly and I then jusst wait for them to send out the DQ N180 form?

No, you should not use that method for filing a Defence.

On 19 September at 11:32PM I wrote on your thread...

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

See the words by email in there?
And you have the email address in the opening post of the Template Defence thread.

Nothing gets sent with a Defence.

roger.taggart

KeithP said:

roger.taggart said:

OK the defence statement is done. I have read the newbies thread.

Am I correct in that this letter now just needs to be sent via registered post to the Northampton CCBC?

No other attachments or inclusions? The letter header has the claim no., claimant details so it should enter their system correctly and I then jusst wait for them to send out the DQ N180 form?

No, you should not use that method for filing a Defence.

On 19 September at 11:32PM I wrote on your thread...

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

See the words by email in there?
And you have the email address in the opening post of the Template Defence thread.

Nothing gets sent with a Defence.

sorry Keith, after posting i edited my post to include 'or by email?' 
you read the 1st  unedited version of my post so dont worry if you refresh and see it edited as my edit and you post overlapped.
OK I will submit via email and make sure i get a confirmation