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Comments

  • Le_Kirk
    Le_Kirk Posts: 25,641 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    mfer said:
    Thank you I will add this. I do remember going to the shopping centre but have never received any correspondence re the PCN. 
    Is (or was) your V5C up-to-date with a current address at the time of the event?  This could be why you have received no correspondence.
  • Nellymoser
    Nellymoser Posts: 1,961 Forumite
    1,000 Posts Third Anniversary Name Dropper
    After you've checked your V5C details you may wish to support this 

    So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

    Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP. Please sign/share @jmccabe petition closes 22nd june 2024.

    https://petition.parliament.uk/petitions/652355
    Require communications from Private Parking companies to be traceable/trackable
    Thank you and good luck
  • mfer
    mfer Posts: 22 Forumite
    10 Posts
    Le_Kirk said:
    mfer said:
    Thank you I will add this. I do remember going to the shopping centre but have never received any correspondence re the PCN. 
    Is (or was) your V5C up-to-date with a current address at the time of the event?  This could be why you have received no correspondence.
    Yes the details on the V5 was correct. I just don't know why.
  • mfer
    mfer Posts: 22 Forumite
    10 Posts
    Can I ask a question. How did they know I was the driver? In the PoC, it states the defendant is pursued as the driver, but how do they know that? I did not receive any kind of keeper notice to confirm who was driving. 

    And is not receiving a NTK or any kind of correspondence regarding this a valid defence?
  • Johnersh
    Johnersh Posts: 1,574 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    They don't. The claim form is pleaded in the alternative - it pleads that the defendant was the driver (and if that is not proven by them) that they still have a contractual entitlement to bring the claim against the o/p as keeper of the car.

    Not receiving the requisite correspondence is not a defence to the whole of the claim itself, but if the correct notices were not given, the claimant cannot succeed with their alternate claim (relying upon PoFA).
  • Umkomaas
    Umkomaas Posts: 44,041 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @mfer - have you filed your defence?  Your deadline has passed!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 157,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't let that stop you defending today.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • mfer
    mfer Posts: 22 Forumite
    10 Posts
    Hi guys. Yes I have filed the defence back in March.

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