(BRITANNIA PARKING) DCB Legal turned Claim Form

WontPayAPenny

Castle said:

WontPayAPenny said:

When assessing an appeal POPLA considers if the parking operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. After reviewing the evidence provided by both parties, I am not satisfied that the  “You are advised that if, after 28 days from the date given (which is presumed to ne the second working day after the Date Issued), the parking charge has not neen paid in full and we do not know noth the name and current address of the driver.” I am satisfied that this wording states that the parking operator do not know the name and address of the driver, and therefore the PCN does comply with PoFA 2012. 

Except for the fact that the 28 days starts the day AFTER the date given-Para 9(2)(f).

(f) warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given

Are they talking about what to assume the “date given” is? I think in the legislation, it talks about the conswuences commencing of the day after the date given

1505grandad

"There may have been a typo, either on the app or the PDT machine (wether fully functioning (with all keys working) or not) when keying the VRN in."

Typo  -  confidently assume you are not referring to a male sheep not fully functioning

LDast

Too much wiffle waffle in para #3. You either cannot know what the claim is about because of poorly pleaded particulars and so require the claimant to provide further particulars as telling the allocation judge to to do, or you obviously have enough information to answer most of the particulars. You have to decide how you intend to defend this.

If you are going to request that the allocation judge order the claimant to provide further particulars, then you have refer to your draft order in your defence. If you are saying that you have an idea what this is all about even though the PoC are wholly inadequate, then there is a contradiction and it is likely that your argument will not be considered at allocation stage.

Think along these lines… The allocation judge has a pile of claims to sort through as part of the case management. The judge prefers an easy life. The judge sees the long defence which is well known as a “one size fits all” boilerplate defence and says to themselves, “Too long” and sends it for a hearing. Or, the allocation judge sees a simple short defence that clearly states that the defendant cannot defend because the claim is deficient and here is a draft order you should use to order the claimant to comply with all the rules… what do think the judge is more likely to do?

The full draft order is designed to get the case struck out. Even if the claimant could comply with ALL the points in the order, the court would then order you to proved a defence to the amended PoC.

I’m not going to go against the well trodden path of the long defence here.  There are some out of date and incorrect points that are often trotted out, such as how the defence MUST be written in the third person or that nothing can be attached to a defence. Any defence by a layperson does not have to be written in the third person. Anything can be attached to a defence.

My main point is that you are pleading that the PoC are inadequate to form a proper defence yet at the same time offering a defence. Decide what it is that you want.

WontPayAPenny

Hi Guys, I have a court mediation by telephone tomorrow morning for these three PCNs. How do I expect this to go down? What usually happens in this, and any tips and tricks that I should be mindful of? Thanks!

Coupon-mad

WontPayAPenny said:

Hi Guys, I have a court mediation by telephone tomorrow morning for these three PCNs. How do I expect this to go down? What usually happens in this, and any tips and tricks that I should be mindful of? Thanks!

But this is already in the first 12 steps in the Template Defence thread.  I don't understand why we keep being asked about it.