PCN from PPM at rental residence

Coupon-mad

You've been reading old threads!

Just read the second post of the NEWBIES thread.

square_coaster

Hi again @Coupon-mad - we've now received a Letter of Claim from bwlegal, but as per the second post's guidance, I'm not sure how to tell if ours is non-POFA or not. How would one tell?

KeithP

square_coaster said:

Hi again @Coupon-mad - we've now received a Letter of Claim from bwlegal, but as per the second post's guidance, I'm not sure how to tell if ours is non-POFA or not. How would one tell?

I'm not sure that a Letter of Claim is ever 'POFA' or 'non-POFA'.

It is the Notice to Keeper that is either capable or not of holding the keeper liable for the driver's actions.

Iceweasel

I see nothing in your lease about having to display a permit.

square_coaster

KeithP said:

It is the Notice to Keeper that is either capable or not of holding the keeper liable for the driver's actions.

Thanks for that pointer, @KeithP . I have the original PCNs here with me and can see that one of the paragraphs mentions "under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 we will have the right to recover from the keeper so much of that parking charge amount as remains unpaid."

I take this to mean they can pursue the keeper even if they don't know who the driver was?

square_coaster

Iceweasel said:

I see nothing in your lease about having to display a permit.

This much is true, @Iceweasel, however I'm not sure how much help that will offer in my defence, given that the parking is operated by PPM 

square_coaster

Also as an aside, as the driver but not the registered keeper, am I allowed to produce the defence in my own name?

KeithP

square_coaster said:

Also as an aside, as the driver but not the registered keeper, am I allowed to produce the defence in my own name?

The named Defendant is the only person that files a Defence.
There can be any number of witnesses and each of those can produce a Witness Statement.

square_coaster

KeithP said:

square_coaster said:

Also as an aside, as the driver but not the registered keeper, am I allowed to produce the defence in my own name?

The named Defendant is the only person that files a Defence.
There can be any number of witnesses and each of those can produce a Witness Statement.

So in this case, the Defendant is the Registered Keeper?

KeithP

square_coaster said:

KeithP said:

square_coaster said:

Also as an aside, as the driver but not the registered keeper, am I allowed to produce the defence in my own name?

The named Defendant is the only person that files a Defence.
There can be any number of witnesses and each of those can produce a Witness Statement.

So in this case, the Defendant is the Registered Keeper?

It probably will be, but a claim hasn't yet been issued, has it?
So at the moment there is no 'named Defendant'.