Defence review requested following Claim Form - Am keeper but not driver

bagold

Sorry to keep coming back to this point. If they tell me they are relying on POFA or keeper liability I should start by offering £30. If they are not relying on this I should offer nothing and proceed to civil court. Maybe I am jumping ahead but then what is my defence if it goes to court?

Gr1pr

Your defence has already been filed with the CNBC in Northampton and will be included in the case file when it is sent by the CNBC to your local civil court.   You won't be changing it because it costs money to do so

Defence,  You were NOT the driver so did not commit the alleged contravention 

Mediation is about trying to agree a settlement figure ( monetary value   ) that both sides agree to via the mediation service,  in order to avoid the claim itself going to a hearing,  its not about the case or your defence on file , its about your liability,  or not, and any out of court settlement 

If they are relying on POFA 2012, then you are probably liable ( and probably always have been  ) ,  so offer say £30

If they are NOT relying on POFA 2012, then you have no keeper liability,  no offer of payment required 

Court would be about your already filed defence,  future Witness Statement bundle,  plus liability,  or not ( and their paperwork and Exhibits, the laws,  previous judgments etc  )

Nellymoser

Please support/sign the attached petition demanding the re-launch of a Government-backed Parking Code of Practice. 🙏

https://petition.parliament.uk/petitions/701453

bagold

ChirpyChicken said:

All in the Newbies..... you fill in the online version and email it to the court.... no point waiting for your own copy.

Thank you for your message. Apologies but I am confused again. I read on Newbies "Wait for your own Directions Questionnaire from the CNBC and then complete it as described in post #2 of the NEWBIES thread. " So far I have received DQ completed by Parking Eye with DQ completed by them. This arrived just over a week ago. I am not sure how to get my online version. Or should I wait for it to arrive by post?

Coupon-mad

Yes just wait. Check MCOL History every so often. It'll state when the CNBC post it.

bagold

"Your defence was received on 06/12/2024

DQ sent to you on 08/01/2025

DQ filed by claimant on 08/01/2025"

I haven't received DQ yet. I'll wait. I presume it will come by post.

Coupon-mad

Yep.      

bagold

I have completed the N180 form with the following. Always grateful for any comments.

Completing and signing off at the end as Defendant

C1 Yes
D1 No "Determination without hearing seems to give a disproportionate advantage to the legally represented Claimant, whose entire business is issuing cut and paste parking case paperwork, and using aggressive and misleading tactics to ensure payment of inflated charges. I feel strongly that I need a voice at an attended hearing. I wish to question the Claimant about their evidence, and to expose omissions and any misleading or incorrect evidence or assertion."
E1 My details
E2 Yes with dates I will be away
E3 No
E4 No
F1 My local County Court
F2 No
F3 1
F4 Yes - same dates as in e2
F5 No
F6 No
G1 No
G2 English
G3 English

bagold

Submitted my DQ. Have today received a wad of paper from Parkingeye which is their reply to defence. 

I guess I now just wait for someone to contact me for mediation.

bagold

I have mediation in first week of March. Is there any point in showing here parts of 'Reply to Defence' (the wad of paper I received)? for point number 3 they do say "...The claim that the Defendant was not the driver of the vehicle is no longer a valid defence....." Does this imply they are relying on POFA or keeper liability? And, therefore, I should offer £30? Or should I ask the mediator this specific question?