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

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Comments

  • troublemaker22
    troublemaker22 Posts: 456 Forumite
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    Redwalrus said:
    Thanks, so paragraph 3 still needs to be written even though I am declining the invitation to name the driver?
    Paragraph 3 is not a place for identifying drivers. It’s a place for the Defendant to explain in their own words what happened. Please read my previous post which I have rewritten. I think you will find it helpful 
  • troublemaker22
    troublemaker22 Posts: 456 Forumite
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    ……

    I’ve reread your early posts and your undelivered letter to the parking company and changed my mind about it. I was wrong (we’re all human). 

    You can write in paragraph 3 that the Defendant received a notice to keeper from the Claimant that didn’t comply with POFA so the Defendant accepted the  Claimant’s offer to consider an appeal and, if such appeal was unsuccessful, to provide the Defendant with access to the BPA’s appeals service known as POPLA 
    for a further appeal. You can go on to state that the Defendant accepted the offer by writing an appeal and posting it to the address provided for this purpose in the NTK by the Claimant. However, the Defendant’s appeal was never considered by the Claimant because the Defendant’s appeal was twice returned (unread) to the Defendant by Royal Mail because the Claimant was not receiving post at the address expressly specified for this purpose by the Claimant. You can say that the Defendant believes that this litigation would have been averted if the Claimant had complied with its obligation to deal with an appeal in the manner specified in the NTK and that if it had done so either the Claimant or POPLA would have upheld the appeal. If you take this line you should delete all the subsequent paragraphs dissing the industry’s appeals services as not being genuinely independent 
    @Redwalrus, in case you can’t find my previous post I’ve quoted the relevant part above 
  • Redwalrus
    Redwalrus Posts: 24 Forumite
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    @troublemaker22 thanks for your patience and goodwill. To explain, I wasn't shirking an attempt at Paragraph 3, I just wasn't sure how I can 'describe what had happened' since I am declining the invitation to name driver?  

    Also, RE using the returned appeal letter in defence: as I am declining the invitation to name driver, could the fact that (
    in the letter) I mention the parking was paid by company credit card and no receipt received somehow indicate the driver was myself and contradict 'declining the invitation'?
  • Redwalrus
    Redwalrus Posts: 24 Forumite
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    @troublemaker22 RE 'If you take this line you should delete all the subsequent paragraphs dissing the industry’s appeals services as not being genuinely independent " - OK I have been trawling through, but it is not apparent to me which to delete. As it's season of goodwill :-) perhaps you could guide me, or is it as easy as delete 6-10 or whatever?
  • troublemaker22
    troublemaker22 Posts: 456 Forumite
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    As both @Couponmad and I previously pointed out, knowledge of what happened in a car park on any particular day is not confined to the driver. A passenger will have seen the same things as the driver and the person who made the partial payment could have been a passenger. 

    More to the point, paragraph 3 is there for you to set out the facts that you consider to be relevant. In my opinion, having revisited the story of the twice returned appeal letter, that story is the relevant one - not the trivia about the partial payment on the day. 

    I have already explained that I went back and studied your appeal letter again and decided that it helps rather harms your case. I’ll say it again if that will be helpful.  But only once more because I have some important TV watching to get on with 
  • troublemaker22
    troublemaker22 Posts: 456 Forumite
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    @Redwalrus, I've sent you a direct message
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