Old Claim Form for unpaid PCN for incident over 3 years ago

1505grandad

"...... should I be editing that point to show the fees in my case? For example: 7. ...."

"This can never be the case with a Highview claim because this parking firm, same as any Group Nexus company, have never used the POFA 2012 wording, of their own volition."

Is your claimant Spring Parking?

Troublesum1

1505grandad said:

"...... should I be editing that point to show the fees in my case? For example: 7. ...."

"This can never be the case with a Highview claim because this parking firm, same as any Group Nexus company, have never used the POFA 2012 wording, of their own volition."

Is your claimant Spring Parking?

It is indeed, thanks I missed that. So I should be changing "Highview" to "Spring Parking Ltd" here? Thanks.

Umkomaas

Troublesum1 said:

1505grandad said:

"...... should I be editing that point to show the fees in my case? For example: 7. ...."

"This can never be the case with a Highview claim because this parking firm, same as any Group Nexus company, have never used the POFA 2012 wording, of their own volition."

Is your claimant Spring Parking?

It is indeed, thanks I missed that. So I should be changing "Highview" to "Spring Parking Ltd" here? Thanks.

No you can't just replace, especially as well, Group Nexus has nothing to do with Spring Parking either. Similarly, you can't accuse Spring Parking of 'never used PoFA 2012 wording'. 

Does their NtK to you meet PoFA requirements for transfer of liability to the keeper?  If so, the entire essence of the above paragraph is completely in the bin. 

Coupon-mad

No you don't need to state the fees breakdown, which is a horribly clunky piece of non-defence that someone pointlessly wrote and people keep copying.

You could start para 3.1. here:

"The tenancy agreement the Defendant signed with operator of the premises states that..."

And obviously you do NOT even put a full stop in on MCOL under 'start defence'!  Eeeeeeeek! No!

The advice you got from KeithP, plus the very clear first 12 steps in the Template Defence first post should have alerted you to not touch MCOL now.

1505grandad

The joys (perils) of altering forum (C-m) templates 

Troublesum1

Umkomaas said:

Troublesum1 said:

1505grandad said:

"...... should I be editing that point to show the fees in my case? For example: 7. ...."

"This can never be the case with a Highview claim because this parking firm, same as any Group Nexus company, have never used the POFA 2012 wording, of their own volition."

Is your claimant Spring Parking?

It is indeed, thanks I missed that. So I should be changing "Highview" to "Spring Parking Ltd" here? Thanks.

No you can't just replace, especially as well, Group Nexus has nothing to do with Spring Parking either. Similarly, you can't accuse Spring Parking of 'never used PoFA 2012 wording'. 

Does their NtK to you meet PoFA requirements for transfer of liability to the keeper?  If so, the entire essence of the above paragraph is completely in the bin. 

Ah, I thought this was a bit of a plug ang play defence but guess I was mistaken. I've had a look at the POFA which honestly I can't even see anything about "transfer of liability" in there. However, there clearly is provision in the NtK for the transfer of liability so I guess they've met the requirement there? I see they've also cleverly only asked for £95 in the NtK which I believe is £5 below the max they can ask for? It seems they've done their NtK correctly. Sounds like I should remove that aspect of my defence?

Coupon-mad said:

No you don't need to state the fees breakdown, which is a horribly clunky piece of non-defence that someone pointlessly wrote and people keep copying.

You could start para 3.1. here:

"The tenancy agreement the Defendant signed with operator of the premises states that..."

And obviously you do NOT even put a full stop in on MCOL under 'start defence'!  Eeeeeeeek! No!

The advice you got from KeithP, plus the very clear first 12 steps in the Template Defence first post should have alerted you to not touch MCOL now.

Oh God thank f I asked then.. I'm sorry I did not see those 12 steps in the template defence I was so focused on the defence itself. I now know what to do, thank you very much.

So regarding the defence I would start with:

3.

Then continue with:

3.1. The tenancy agreement the Defendant signed..

?

Hopefully I've understood you correctly. I'm currently in a remote location in a workshop so I'm on a mad dash looking for a printer! Again thank you all.

Troublesum1

Ok so I'm 1hr30m from deadline and I guess I'm at the point where a bad/incomplete defence is better than no defence at all. Looking through the template defence, I've removed everything to do with right of parking and POFA wording. I've kept the references to the max amount recoupable per ticket per POFA as the Claimant is requesting £213 for 1 ticket which I'm fairly sure is egregious, even if it is just an abuse of the interest charges they are allowed to charge. If anybody has any last minute thoughts for me I'd be very grateful, I think I will have to get what I've got printed in the next few minutes now.

Wish me luck, thanks for everything! I will post my full defence just for info after 

Coupon-mad

However, there clearly is provision in the NtK for the transfer of liability so I guess they've met the requirement there? 

Not convinced!  That isn't the wording you are looking for.  Luckily, the template defence covers possible "non-POFA-ness" in a sentence lower down!

Why are you printing anything? You simply sign electronically (or take a photo of your signature & pop that image in above the date) and send the signed PDF to the CCBC.

None of the 12 steps tell you to print anything.

You are also just at the very start of paperwork stages, so not at a stage where we need to wish you luck.

DEFENCE IS NOT YOUR ONLY JOB says the NEWBIES thread...you will need to read that section.  Tonight is fine, or over the weekend.

Pleeeeease don't come back in February asking us about the bog standard first letters as if they are a surprise...

Troublesum1

Coupon-mad said:

However, there clearly is provision in the NtK for the transfer of liability so I guess they've met the requirement there? 

Not convinced!  That isn't the wording you are looking for.  Luckily, the template defence covers possible "non-POFA-ness" in a sentence lower down!

Why are you printing anything? You simply sign electronically (or take a photo of your signature & pop that image in above the date) and send the signed PDF to the CCBC.

None of the 12 steps tell you to print anything.

You are also just at the very start of paperwork stages, so not at a stage where we need to wish you luck.

DEFENCE IS NOT YOUR ONLY JOB says the NEWBIES thread...you will need to read that section.  Tonight is fine, or over the weekend.

Pleeeeease don't come back in February asking us about the bog standard first letters as if they are a surprise...

Thanks for your reply coupon really appreciate it in such a timely manner too.


I've attached the NtK with the obvious redacted, I know you're all busy people but if you do get sometime I'd be very appreciative if you could advise on what I can use in my defence based on this.

Not to defend myself against what you've said but just to let you know I am really trying to listen to what you are saying, in the 12 points I can see the very first point is "Print your defence" maybe I'm not looking at the latest template? Please if you could direct me to the latest I would be very grateful.

I totally understand this is not the end as well, I just meant to wish me luck on my beginning, but I am here for the long haul and I will definitely be doing my reading. Thanks again!

Coupon-mad

Aagh, it does say that!  Sorry!  No need though...

That NTK is a 'POFA' one so it does use keeper liability (the red bit).  So you are right to have removed the stuff you did.