Excel Parking Claim for money

ParkingMad12

Hi, sorry newbie not sure how to get started but help and advice much appreciated please. 

Have now received a money claim with Court Documents so two responses haven't managed to stop them pursuing this. 

Received NTK dated 07/10/24.

Contravention: 01/09/24.

Car park has ANPR so no notice to driver issued.

I've stated twice to them:

I am not obliged to identify the driver and I decline to do so. The PCN is not effective to transfer liability to myself (the keeper) because it does not comply with the conditions for a notice to keeper in Schedule 4 to the Protection of Freedoms Act 2012 ("POFA").

As it happens the driver did eventually manage to purchase a ticket after about 20 mins due to no machines, poor signal, app not working etc etc and left within 40 mins of arriving as soon as the payment has been made over the phone so we'll within an hour but outside of the 10 minute purchase window.

As no notice to driver was made and only notice.to keeper which does this fall foul of PoFA as more than 14 days between the two?

Where to go from here please?

Thanks.

Report

DE_612183

read the newbees thread on this and  the response required.

Gr1pr

Excel via dcb legal  ?

Issue date   ?

Post a redacted picture of the POC on the lower left of the claim form after hiding the VRM details first 

ParkingMad12

Thanks Gr1pr,

Yes Excel / DCB legal after their DCB collections.

Issue date of claim for money is 11/02/25.

Gr1pr

Is that pcn issue date correct in the POC   ?  It usually isn't correct,  so check 

ParkingMad12

The PCN date is correct.

Not sure how to respond / defend it and cant have credit issues, that's my concern at this stage. 


My understanding is I am not liable as the registered keeper, I was not driving and I am not obliged to disclose any further data?

I read on pcn-uk that the NTK isn't valid if it isn't sent within 14 days of the vehicle being parked but I think they can't request the dvla keeper details till after 28 days. 
No notice to driver was issued as ANPR.
Didn't go down route of arguing the delay in purchasing a ticket although that is gaining more traction. BBC news were at that car park today.

Thanks

Gr1pr

If it was ANPR, , via a postal Notice,  then the pcn issue date is probably incorrect,  check again,  because there was no windscreen pcn,  you say, is their date the incident date,  or the issue date  , or both   ?

The postal NTK PCN may well have failed to comply with Pofa,  in which case a non driving keeper has no legal liability 

There is no legal reason to name the actual driver 

You will be defending it based on the law and the template defence,  its that simple 

ParkingMad12

The contravention date was 01/09/24

The issue date (posted) was 07/10/24.

Does this mean the PCN date in the POC is incorrectly stated as 01/09/24 and the actual PCN date is the issue date of 07/10/24?


Which is the best template defence to use please and how does it work from here please?

Does their solicitor decide whether to pursue it in court or drop it.and if it does go to.court would it be a simple case of the judge ruling against them based on these facts? Is it a physical appearance, video or non present? 

Thanks


 

Gr1pr

So like I clearly thought,  the issue date is incorrect in the POC,  same as scores of others 

No pcn was issued on the first  ( the incident date   )

Study recent cases that show paragraphs 2 , 3 and 3.1

Your template defence Paragraph 2 will end keeper but not the driver 

3, will be the usual typical numbered rebuttal as seen in other recent cases on here 

3.1 may concentrate on no keeper liability under pofa,  not the driver too

The rest of the template defence is unchanged 

Excel do tend to force these through to a hearing,  but who knows  ?

I never second guess a judgment by a judge in court, nor should you  ( but do attend if it gets to court   )

KeithP

ParkingMad12 said:

Issue date of claim for money is 11/02/25.

With a Claim Issue Date of 11th February, you have until Monday 3rd March 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 17th March 2025 to file a Defence.

That's over four weeks 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 again at the second post on the NEWBIES thread - immediately following where you found the AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

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

Le_Kirk

Can you send a message to a board guide to have your other post (on someone else's thread) removed please, it is this one: -
14 February pm28 2:48PM <<<<<<<LINK