Slightly unusual - Anglia Trains - PCN - County Court

Fruitcake

You have the correct template.

You have been advised to only amend paragraphs 2 and 3. I even gave you the words to use in paragraph 2 but you decided to add a new paragraph 2, and new paragraphs 6 to 9 in your second version (5 to 8 in your previous version)

Your proposed paragraphs 3, 4, and 5 are what you need, but should replace paragraphs 2 and 3 of the template once you have made the corrections to the schedule number, corrected spelling, and added the extra sub para from the PoFA that I suggested.

chap_in_leeds

Thank you for your patience with this.

The paragraph numbering is out of sync when pasted but these are the only paras which are not within the existing template. 

The facts as known to the Defendant:

2.          It is admitted that the Defendant was the registered keeper of the vehicle in question.

3.          The Claimant has failed to comply with the strict requirements of the Protection of Freedoms Act (PoFA) 2012. The location of the alleged event is a railway asset covered by railway byelaws. This is not relevant land as specified in the Schedule 4 of PoFA (Para 3) and therefore the registered keeper (the Defendant) cannot be held liable:

In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—

(a)any Act (including a local or private Act), whenever passed; or

(b)any subordinate legislation, whenever made,

and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument.

In addition, an alleged breach of parking terms of an unregulated private parking company is not a railway byelaws offence.

The Notice to Keeper (NTK) did not follow the prescribed wording of the PoFA warning that the keeper can be held liable if the driver's identity is not known, reference to Schedule 4 of PoFA, Para 8 and 9. Since the NTK is not compliant with the strict requirements of the PoFA, the defendant cannot be held liable for the parking charge notice.

Coupon-mad

That'll do plus para 4 onwards from the template.

Sign & date it right now (adding your details & claim number at the top) and email it immediately to the email address shown in the Template Defence thread.

Tell us WITHIN THE HOUR that you have received an acknowledgement from the CCBC because if you don't, it's not in!

chap_in_leeds

Thank you, for all of the help.

chap_in_leeds

Thank you for emailing the County Court Business Centre, please accept this as a receipt of your email.

Received straight away. 

Coupon-mad

Ok...now go and take a screenshot of your MCOL record right now, to prove you won the race if you suddenly see your defence rejected.

Umkomaas

Seems you have got through before the door closed behind you, skin of your teeth. That's just the first stage completed ...... there's more to do in the coming weeks and months, if NCP continue to pursue this. 

Please now familiarise yourself with the NEWBIES FAQ Announcement, second post, and the section headed 'Important - know what you must do and by when', and please don't leave any of the following stages to the last minute (or beyond as in the case of your defence!!).

chap_in_leeds

It now says "A bar has been put in place on this claim. You cannot respond to the claim at this time."

Coupon-mad

Ring up the CCBC and ask if your email beat the tIme of the bar.

B789

chap_in_leeds said:

I have then apparently been sent some letters/reminders and now have a Claim Form from the County Court Business Centre.

chap_in_leeds said:

Thank you very much for your help. I have posted below a version much closer to the template. I edited the previous version because I do not have the POC so know very little. 

Did you or did you not receive the PoC? Your two comments above from separate posts contradict each other. If you do have the PoC, can you please show us.