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**NCP Claim Form / County Court** 'partial payment' in private car park - HELP!

245

Comments

  • Redwalrus
    Redwalrus Posts: 24 Forumite
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    edited 29 December 2023 at 9:36AM
    @KeithP @Coupon-mad hope you guys are still there? :-) I now have 14 days from now to work on my defence
  • Le_Kirk
    Le_Kirk Posts: 22,247 Forumite
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    It is a busy time with some of the regulars temporarily away!  If you are using the "sparse particulars argument" can I assume you will be using the @hharry100 defence with the CEL v Chan case?  You have added enough detail (without actually telling the judge the reason for the claim; well how would you know, given the sparse POC) which is good.  I might add to this as below: -
    This raises the question about when the notice was posted, adding further evidence of the claimant's incompetency.
  • Redwalrus
    Redwalrus Posts: 24 Forumite
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    edited 29 December 2023 at 3:57PM
    @Le_Kirk thanks for your reply

    There was a breach stated: 'partial payment. despite demands, the parking charge remains unpaid' so perhaps I am using the wrong defence?

    Am I meant to cherry pick some points from point 4 onwards? (or just C+P them all?
    "We recommend you continue with this wording  (yes, all of it. Paragraphs suitably re-numbered to allow for the above)."
    (C+P them all it seems?)
    all of it plus my bits?
  • Coupon-mad
    Coupon-mad Posts: 131,237 Forumite
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    Redwalrus said:

    PCN

    (Removed by Forum Team)

    LETTER I SENT
    (Removed by Forum Team)

    LETTER SENT BACK TWICE

    (Removed by Forum Team)

    DETAILS OF CLAIM

    (Removed by Forum Team)

    Repost the above without the personal data you must have left showing.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redwalrus
    Redwalrus Posts: 24 Forumite
    First Post Name Dropper
    edited 31 December 2023 at 6:17PM
    @Coupon-mad hope you had a good break (glad you're back!), here you go...bear in mind the appeal letter (15.1.2023) they DID NOT receive due to wrong address on PCN as detailed in defence. (sent and returned twice)

  • Coupon-mad
    Coupon-mad Posts: 131,237 Forumite
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    edited 30 December 2023 at 9:02PM
    Having carefully declined to name the driver in 2022, why are you doing so in this defence?  Given they can't hold the keeper liable (as you know, due to not complying with the POFA) why not defend as keeper?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redwalrus
    Redwalrus Posts: 24 Forumite
    First Post Name Dropper
    edited 30 December 2023 at 9:47PM
    @Coupon-mad if this puts me in a better position yes, why not. Bear in mind nobody has actually seen the letter of appeal and I don't have to submit it as evidence. So what you are saying is that I can still decline the invitation to name the driver? I am a bit confused as to what is my best course of action and the significance.

    Would you have an opinion whether the PCN is non-POFA compliant?

    I've just seen this on https://pcn-uk.co.uk/keeper-liability-and-pofa/

    A Notice To Keeper can be served by ordinary post. The POFA requires that in order for the Notice To Keeper to be valid,  it must be delivered either:

    1. If a Notice To Driver was issued. No earlier than 28 days after, and no more than 56 days after, the service of the Notice To Driver; or
    2. If no Notice To Driver was issued (such as being caught by an ANPR system). No later than 14 days after the vehicle was parked.
    this PCN was served 106 days later, so this 'case' should be thrown out?
  • Coupon-mad
    Coupon-mad Posts: 131,237 Forumite
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    edited 30 December 2023 at 9:55PM
    Would you have an opinion whether the PCN is non-POFA compliant?
    Oh it's stark staring blindingly obviously NOT a POFA NTK.  Please don't ask why!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • troublemaker22
    troublemaker22 Posts: 456 Forumite
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    edited 30 December 2023 at 11:50PM
    If you’re going to defend on the basis that the NTK is not POFA compliant, that necessarily involves not identifying the driver. If you use words anywhere in the Defence along the lines of “The Defendant parked” the POFA issue becomes irrelevant. 

    You must not tell lies but you are entitled to say that the only admission you make is that you are the keeper and you put the Claimant to strict proof of all other facts alleged in the POC
  • Redwalrus
    Redwalrus Posts: 24 Forumite
    First Post Name Dropper
    edited 30 December 2023 at 11:28PM
    @Coupon-mad apologies, must be frustrating for an experienced person when newbies ask obvious questions. This is a legal matter, and new territory, so I don't want to make mistakes and find it challenging.

    So, part of my defence will be that the PCN is invalid as it passed the 14 day threshold.
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