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

135

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,274 Forumite
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    The NTK is non-POFA worded anyway...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • @Coupon-mad (sorry) which means?
  • KeithP
    KeithP Posts: 37,528 Forumite
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    Nothing makes a Notice to Keeper invalid.
    It is a valid Notice to Keeper.

    But for both the reasons mentioned, it is incapable of transferring any driver's liability to the keeper.
  • Redwalrus
    Redwalrus Posts: 24 Forumite
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    edited 30 December 2023 at 11:56PM
    @KeithP thank you. so my defence is that the PCN is not applicable to myself (the keeper) and I decline the invitation to name the driver?

    as @troublemaker22 says:  "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"
  • KeithP
    KeithP Posts: 37,528 Forumite
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    Redwalrus said:
    @KeithP thank you. so my defence is that the PCN is not applicable to myself (the keeper) and I decline the invitation to name the driver?
    Of course it is 'applicable' to the keeper. It is after all, a Notice to Keeper.

    But as I wrote earlier, it is incapable of transferring any driver's liability to the keeper.
  • Coupon-mad
    Coupon-mad Posts: 131,274 Forumite
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    edited 31 December 2023 at 12:21AM
    The NTK is non-POFA worded anyway...



    "which means?"
    It means the NTK is non-POFA worded.

    It's as plain as day and easy to spot.

    This is basic stuff covered at post one in the NEWBIES thread and anyone can do the easy 'spot the difference' game with the wording by reading Schedule 4 (which you must read because you are going to have to explain it to the Judge).  I wish posters would not obsess about the dates, which is only one aspect.

    I also have an entirely separate (recent) thread showing pictures of POFA and non-POFA worded NTKs and the dates are not even mentioned.

    Why not just copy the wording in another non-POFA defence? We have hundreds per year.

    Almost nothing is new here and defences never have to be written from scratch (except for the SABA out of time penalty notice claims by Askews LLP but I hope they'll come to regret that ill-advised show of greed). 

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Redwalrus
    Redwalrus Posts: 24 Forumite
    First Post Name Dropper
    edited 31 December 2023 at 8:48AM
    @Coupon-mad cheers, so if I do a non-POFA defence I would not send the appeal letter as evidence? (as this letter seems to imply that I may have been the driver, which I am declining, i.e. 'you issued me with a parking ticket' 'the parking was paid by Pay by Phone' etc) 
  • Coupon-mad
    Coupon-mad Posts: 131,274 Forumite
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    Yep.  Using the Template Defence and then copying some no keeper liability defence wording (by searching the forum).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • The NTK is non-POFA worded anyway...



    "which means?"
    It means the NTK is non-POFA worded.

    It's as plain as day and easy to spot.

    This is basic stuff covered at post one in the NEWBIES thread and anyone can do the easy 'spot the difference' game with the wording by reading Schedule 4 (which you must read because you are going to have to explain it to the Judge).  I wish posters would not obsess about the dates, which is only one aspect.

    I also have an entirely separate (recent) thread showing pictures of POFA and non-POFA worded NTKs and the dates are not even mentioned.

    Why not just copy the wording in another non-POFA defence? We have hundreds per year.

    Almost nothing is new here and defences never have to be written from scratch (except for the SABA out of time penalty notice claims by Askews LLP but I hope they'll come to regret that ill-advised show of greed). 

    @coupon I have been looking for a 'non-POFA defence' to copy, could not find one, sorry to be a pain, can you please advise how to access?
  • Coupon-mad
    Coupon-mad Posts: 131,274 Forumite
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    edited 31 December 2023 at 6:24PM
    Yes: you put the words I gave you in bold into the search box.

    Change to NEWEST and read some results.

    I already gave you the keywords which is why I bolded them (we don't do searches for new posters, that would defeat the object).  I had hoped this was enough:
    Coupon-mad said:
    Yep.  Using the Template Defence and then copying some no keeper liability defence wording (by searching the forum).


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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