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

KeithP

MadMax7 said:

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.

With a Claim Issue Date of 2nd September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 7th October 2024 to file a Defence.

That's well over a week away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

MadMax7

I haven't read anything anywhere about deemed 'served' [if the dates on the PCN conform], even if it arrives late or doesn't arrive at all. Haven't been able to find that 'served' on the BPA website either. If you are sure of this though, I will of course defer to your experience. That might make things a little more complicated.

Please clarify what a non-POFA NTK looks like?

Thanks again.

Coupon-mad

The POFA Sch4 explains 'deemed served'.

My thread of NTK pictures shows everyone what a POFA and non-POFA NTK look like for any parking firm where I've found a pic.

Both of the above are linked in the first post of the NEWBIES resource thread.

MadMax7

Coupon-mad said:

The POFA Sch4 explains 'deemed served'.

My thread of NTK pictures shows everyone what a POFA and non-POFA NTK look like for any parking firm where I've found a pic.

Both of the above are linked in the first post of the NEWBIES resource thread.

Thanks. The PCN sent to me is POFA compliant then. Will draft a defence based around the circumstances that led to the PCN, rather than anything POFA related.

Last question (for the moment!). Re: the defence template. Other than points 2 & 3 (relating to individuals scenerio), is the rest of the template pertinent to all defences or are there points which need removing? I have read through it all, but some of the 'acts' referenced, I am not familiar with.

Thanks again wise warriors. 

Coupon-mad

All of it for every case.

MadMax7

Hello again. I hope everyone is having a good weekend (so far!)?

Please can one of you learner-ed lot cast your eyes over this. Is it detailed enough (or too much?) Is there anything glaringly obvious that I am missing? Thanks.

P.S. The 'dotted' lines are where the specific places and dates will be inserted.

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and one of the drivers.

3. Defendant and family, as well as extended family members (parents, siblings and their families) were holidaying together, at a cottage in ................ and sharing vehicles, as and when necessary. Details regarding the alleged 'breach of contract' follow:

(i). On the date specified by the Claimant, most of the defendants family and the majority of the extended family visited ................ by car; one of the two cars being the defendants. The defendant stayed behind to prepare food for their teenage child, who would remain at the cottage, as they suffer from social anxiety. Defendant arrived in ................ later with other family members in a third car.

(ii). During the latter part of the day, a family member informed Defendant that they were returning to their car to pay for additional parking time and advised Defendant that their car would also need to pay for additional parking time. Family member and Defendant returned to the parked cars, both paying appropriate fees for the time needed.

4. Defendant received a FINAL REMINDER letter, dated .../.../2023, informing them that a Parking Charge Notice (PCN) had been issued on .../.../2023. It also stated in large capitals that '...the discounted period has now expired' and that the Defendant owes £100. There was no indication why the notice was issued.

(i). On .../.../2023 the Defendant responded with urgency, using the online link provided on the FINAL REMINDER: www.britannia-parking.co.uk/content/parkingnotice. The response asked for clarification regarding the FINAL REMINDER, so that the matter could be investigated and resolved. An automated email reply was returned from the Claimant, informing me that my 'appeal' had been recieved. Please note: The Defendants response was an enquiry, not an appeal and was sent via the only available link for a written reply.

(ii). Defendant received an email dated .../.../2023 from the Claimant's 'Appeals Department' with an attached letter (PDF document). PDF stated that a copy of the PCN was attached; there was NO copy attached. Also stated that a payment can not be found for vehicle; PCN would be put on hold for 14 days so that evidence of a payment could be provided and that due to awaiting for additional evidence, the appeal response might exceed their 28 day deadline. The date the 28 day deadline would commence from was not clarified. On .../.../2023 Defendant replied to Claimant's email, informing Claimant they had not attached a copy of the PCN. Not receiving a PCN would clearly delay matters.

5. Defendant received an email dated .../.../2024 from the Claimant, with a copy of the PCN. Defendant was now able to discern the alleged breach of the car park terms and conditions, quote: 'Failed to make a valid payment'. Please note: the 14 day hold period had now lapsed. Defendant cannot accurately confirm the timescale of the next actions, however, the actions over the next 10-14 days are as follows:

(i).  Defendant made efforts to ascertain with family members if on .../.../2023 parking had been paid for upon their arrival at the car park in ................, thus prior to Defendants arrival.

(ii). Defendant established that the Driver assumed Defendant would pay on departure. Driver claims that they were unaware of any signage stating to pay for parking in advance. They observed the ANPR cameras and believed they were for calculating parking fees, payable at a pay-station on departure (as per other car parks they said they use).

(iii). Defendant now attempted to appeal the PCN via Claimants website appeals page. However, on doing so, the appeals page returned the line, 'You are currently unable to appeal this Parking Charge Notice' (or words to that effect) upon starting the process by entering the PCN number.

(iv). Defendant received an email dated .../.../2024 from the Claimant, with an attached letter PDF. In the letter, the Claimant states that the Defendants appeal was unsuccessful, the PCN would continue to be enforced and claims that any comments made by Defendant were taken into consideration. The Defendant asserts again, that as stated in the preceding paragraph, it was not possible to action an appeal to the Claimant, thus an appeal had not occurred. The Claimant falsely and knowingly claims otherwise.

6. Due to Claimant's last dishonest action [falsely claiming Defendant had appealed], Defendant perceives the appeals process to be flawed or corrupt. It was decided the best course of action would be to defend [ultimately in Court] any threatening letters of debt and legal proceedings made by the Claimant.

Coupon-mad

Remove 4 and 5 and save ALL of that lower half for your WS later on.

MadMax7

Thanks for that. Sections 4 and 5 now removed and reserved for Witness Statement. I am assuming section 6 too; otherwise 6 won't make sense?!

As I am on a process of learning, can you please let me know the rational/reason that sections 4 and 5 (plus 6?) should be pushed over onto the Witness Statement?

Gr1pr

I would not be using words like dishonest in a court case, so perhaps removing 6) is a good idea , or use a suitable legal word that doesn't mention dishonesty or fraud, false accusation or mendacious or something more suitable that is easily proved , whereas dishonest opens up a bad can of worms, one that has backfired previously 

A defence should be clear, concise and to the point, addressing the claim and POC, usually only one or two sides of an A4 , no long stories etc , so like a table of contents ( chapters. ) at the beginning in a book

The later WS bundle can expand on the defence, comes from the first person witness ( you. ) and carries a lot more detail plus Exhibits, a bundle of perhaps 50 sides 

So the chapters are the main book, the plot, explanations, characters etc , where the author dictates the narrative 

You will have to produce and submit a witness statement, so why make the defence too long. ( Instead of pleading not guilty , I wasn't there, I am not responsible or liable. ) and give yourself time to produce war and peace next year. ? Your blah blah blah blah blah blah story 

LDast

It's a DCB Legal issued claim. It really is not relevant what goes into your para #3. Simply deny whatever is given as the "reason" in the Particulars of Claim (PoC) which we have not had sight of.

Do not waffle on with War & Peace. This will be discontinued early next year. Save your energy for something useful.