If only FINAL REMINDER received, what's best response?

MadMax7

Hello again Folks!

Ok, so we are finally at the 'Letter of Claim' (LBC?) stage. DCBlegal have sent it; after their 'Bailiff' department sent numerous harassing letters. My question: Should I simply email a reply with the standard letter - as outlined here https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

OR

Should I email a tailored reply outlining the fact that the PCN failed to comply with POFA 2012 (as mentioned in earlier posts); as such there is no keeper liability and they need to now get off my back!

As usual, my high regards go out to everyone here. Thanks.

KeithP

MadMax7 said:

Hello again Folks!

Ok, so we are finally at the 'Letter of Claim' (LBC?) stage. DCBlegal have sent it; after their 'Bailiff' department sent numerous harassing letters. My question: Should I simply email a reply with the standard letter - as outlined here https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

OR

Should I email a tailored reply outlining the fact that the PCN failed to comply with POFA 2012 (as mentioned in earlier posts); as such there is no keeper liability and they need to now get off my back!

As usual, my high regards go out to everyone here. Thanks.

I don't think it matters. Your choice really.
All you are doing is acknowledging receipt of that LoC thus showing that you are complying with the protocols.

Coupon-mad

Seconded. 

Make sure when they reply about the VAT question on the DRA fee that you report DCB to HMRC. That's an important push this year.

MadMax7

I have returned! Hello again!

I have now received a 'Claim' and it's associated documents and will file an AOS via moneyclaim.gov.uk and then proceed to draft my defence.

I have read through all the 'Newbies Thread' - to the sections that relate to where I am in this process. I have a question regarding my defence letter. Should I still follow the template, even if my defence will be formed around the breach of POFA (me not receiving a PCN within 14 days of alleged parking incident)?

Thanks again, you fine people.

Coupon-mad

Yes.

But only take that stance if you were not the driver or genuinely have no idea either way. It could so easily all unravel at the hearing, if it is established from questioning that you were driving yet you've hung your hat on lack of keeper liability.

KeithP

MadMax7 said:

I have now received a 'Claim' and it's associated documents...

What is the Issue Date on your Claim Form?

MadMax7

KeithP said:

MadMax7 said:

I have now received a 'Claim' and it's associated documents...

What is the Issue Date on your Claim Form?

02/09/2024. I performed AOS as per the guidance on this forum - to allow maximum time for collating/drafting defence.

MadMax7

Coupon-mad said:

Yes.

But only take that stance if you were not the driver or genuinely have no idea either way. It could so easily all unravel at the hearing, if it is established from questioning that you were driving yet you've hung your hat on lack of keeper liability.

Surely, breach of POFA would trump anything else... regardless? The rest should be irrelevant from that point on, no?

If push comes to shove, I can explain that there were multiple family cars parked at the same premises with different drivers (not all keepers driving - big family holiday with various members doing different things on different days) . However, I think that ought to be a moot point given the POFA breach.

LDast

It matters not one iota the actual date you physically received the NtK unless you can evidence it. The only thing that will determine whether the dates are compliant with PoFA is whether it was "deemed" given (served) within 14 days.

Look at the contravention date and then look at the "issue" date or the date on the NtK. Count the number of days. Then add two more working plus any non working days, if applicable, for delivery. If that number comes to less than 14, even if your NtK didn't arrive until weeks or months later, then it is compliant as far as the dates are concerned.

Coupon-mad

MadMax7 said:

Coupon-mad said:

Yes.

But only take that stance if you were not the driver or genuinely have no idea either way. It could so easily all unravel at the hearing, if it is established from questioning that you were driving yet you've hung your hat on lack of keeper liability.

Surely, breach of POFA would trump anything else... regardless? The rest should be irrelevant from that point on, no?

If push comes to shove, I can explain that there were multiple family cars parked at the same premises with different drivers (not all keepers driving - big family holiday with various members doing different things on different days) . However, I think that ought to be a moot point given the POFA breach.

There's no established POFA breach. There will have been a PCN and they will produce a copy. Whether or not you received it isn't relevant.

It is quite possible it was a non-POFA worded NTK because Britannia often send their non-POFA one (I helped someone I know appeal ten around that time, all were non-PoFA and all fell over like ninepins) but you don't know that. The Reminder is irrelevant.