No PCN number - is this legal?

Coupon-mad

You don't need the SAR reply to simply add your facts paragraph 3 to the Template Defence.

Obviously your 'facts' paragraph(s) can state what you DON'T know, just as much as what you do know.

Like everyone does in your shoes in cases exactly the same as this where the Defendant can't recall an incident.  As seen in hundreds of other recent defence threads about years-old PCNs like yours, that we hope you've been searching for,  reading and learning from.

Not waiting for a SAR response!

You'll know from the NEWBIES thread section on how to do a SAR, how many days they have to reply.

Le_Kirk

SARs must be responded to within one calendar month.  The data you receive will likely be more use at the witness statement stage anyway.  The claim form should give you what you need to defend against in the POC.

MrsHG76

I submitted my Defence yesterday (25th) by email to CCBCAQ@justice.gov.uk, cc'ing litigation@bwlegal.co.uk but haven't had an automated receipt by either. Should I be concerned? Do I need to contact CCBC to check they have received it? It's not on MCOL.

In my SAR to NCP (copying in BW Legal) I stated "I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for Debt Claims 2017." I have today received a letter from BWL asking "Please provide evidence of the advice sought within 30 days, to allow us to take this into consideration in managing your account". Do I just file it and not respond?

Thank you in advance.

Le_Kirk

If you have submitted a defence you are way past the Pre-action protocol for debt claims and are in the action phase so the claim cannot be put on hold as it has been issued.  Regarding your issue of not receiving an acknowledgment from CCBC, what time did you send it and did you use Gmail as we have heard from other posters that mail received after 16.00 can go into a black hole and that CCBC system does not like Gmail.  Not surprised you received nothing from BW Legal but it is the job of CCBC to send a copy of your defence to the claimant.

MrsHG76

Le_Kirk said:

If you have submitted a defence you are way past the Pre-action protocol for debt claims and are in the action phase so the claim cannot be put on hold as it has been issued.  Regarding your issue of not receiving an acknowledgment from CCBC, what time did you send it and did you use Gmail as we have heard from other posters that mail received after 16.00 can go into a black hole and that CCBC system does not like Gmail.  Not surprised you received nothing from BW Legal but it is the job of CCBC to send a copy of your defence to the claimant.

I sent it at 13:05 yesterday via Gmail. I called CCBC today (at 2.30pm), the lady suggested resending it so I did, and almost instantly received an automated receipt.

Coupon-mad

Their system is utterly useless but at least you have a receipt now!

Next stages are in the 12 steps in the Template Defence thread, then refer to the NEWBIES thread again - the section headed in red capitals: IMPORTANT: KNOW WHAT HAPPENS WHEN.

You were not at LBC stage and should not have emailed the solicitor at all. That's specific to LBC stage only and is not in the advice about court claim stage.  

Make sure you now read the right sections so you don't have to ask us (please) about DQ N180 stage or the tedious standard drivel from BW Legal.

MrsHG76

An update:

NCP provided the SAR information on 2nd Nov (outside of the one calendar month?), turns out it was husband driving my car. The gym he had a membership with had a deal with the car park that providing he logged the VRN with them, he would get 2 hours free parking, which he did. The walk from the car park to the gym is approx 4 mins. 

The ANPR camera arrival time was 11:39, exit time was 13:50. The signage has changed over the past year so I don't know what the grace period was on that day, or are grace periods a standard time (eg 10 mins)?

He wants to pay the charge, but I'm not letting him. Do I/we have a chance to win this in court?   

Trainerman

Check the CoP for that year, but it may well have been 10 mins.  By my reckoning you were 11 mins over BUT a) maybe the ANPR cameras were not correctly synchronised and b) ANPR measures time in/out NOT actual time parked. I would be working on that as well as clarity of signage etc. Hopefully, you have written a defence that will allow you to elaborate on these points at WS.

I would start by checking the CoP for the relevant year

Coupon-mad

He wants to pay the charge, but I'm not letting him. 

Good.  It would be madness to pay.

Do I/we have a chance to win this in court?   

Of course, everyone here does. You'll already know from the NEWBIES thread, that we have a seven years' standing 99% win rate here.

And if this claim is in your name (as keeper, not driver) then please tell us if the NTK is a POFA one or not? You have the NTK in that SAR reply.

MrsHG76

Yes the claim is in my name as keeper.

The date of incident was 20/9/2021, no windscreen ticket, the first NTK was postal and was dated 19/10/2021 (I didn't receive as as I moved house in 2019), final reminder was dated 17/11/2021 (didn't receive that one either). 

Here is the first NTK. I think it is POFA compliant...? I have read and reread POFA12 and it looks like it complies.