Locating the Landowner of a PPC managed site

KeithP

PolePosition2 said:

If I'm copying and pasting say Coupon-mad defence and adding my own would it be easier to choose defence on MCOL fill it all in and then not submit it but print the defence sign it, rescan and then email it to Claim responses.CNBC@justice.giv.uk but not submit it on MCOL 

No... for two very good reasons.

   1) having filled in the boxes on MCOL, it would be all to easy to mistakenly submit a Defence via MCOL.

   2) the MCOL box simply isn't big enough for all that you want to write in your Defence.

Don't even go near MCOL.

Any word processing software, MS Word, LibreOffice, even Notepad, will achieve your objective.

PolePosition2

On the defence form it states

"you must state which allegations in the POC you deny and your reasons for doing so. If you fail to deny an allegation it may be taken that you admit it"

Also, I've noticed that in the Claimants POC they are 

pursuing the defendant as the driver
pursuing the keeper pursuant to POFA 2012 Schedule 4

Are they allowed to pursue me as the driver as I have not identified who the driver was at the time of the alleged contravention?

Do I have to acknowledge who the driver was in the defence statement or if it goes to court ?

also, Where do a write my Statement of Truth if it doesn't ask for it on the defence form?

Coupon-mad

I've tried but I don't understand the questions because the Template Defence is ready to go and the thread about it already clearly tells you what to add to para 2 about being the driver.

PolePosition2

Straight forward question.....The defence form online and paper form doesn't ask for a Statement of Truth, so why put it at the end of the template defence?

Coupon-mad

Because if you use the online or paper version (provided for this purpose) the statement of truth is expressly implied by you filling in defence forms (no doubt somewhere in small print on both, there's a warning about your submission having to be the truth and that you can face contempt of court if it's not). 

PolePosition2

Just to inform everyone interested, and that's probably no one lol that i did eventually find the landowners of the parking site in question and spoke to a very nice lady who happens to have the power to request cancelling PCNs but since its dated as far back as Aug 2024 then she was understandably unable to ask for it to be cancelled especially now its at court stage.

pustit

Good news that you did find the landowner.  Could you please explain how you went about this as it may help others in the future.

PolePosition2

pustit said:

Good news that you did find the landowner.  Could you please explain how you went about this as it may help others in the future.

I contacted QFM Group who manages the Franchise businesses of KFC, Dunkin, Costa, Taco Bell.

They email me back informing me that the company who manage Owlerton Green car park are Lambert Smith Hampton commercial property consultants.

Coupon-mad

PolePosition2 said:

Just to inform everyone interested, and that's probably no one lol that i did eventually find the landowners of the parking site in question and spoke to a very nice lady who happens to have the power to request cancelling PCNs but since its dated as far back as Aug 2024 then she was understandably unable to ask for it to be cancelled especially now its at court stage.

Ask the lady to try anyway and please could she copy you into the email because it will help to show the Judge that the business wants the charge cancelled.

Phone calls are no good; you need to turn that conversation into evidence.

PolePosition2

She said that if you ever stay longer than 2hrs then the retailer can always extend your stay so you don't get a ticket.

The fact that my vehicle was caught in a restricted zone then it was well there's not a lot I she was prepared to do.

So it was a bit of both the time since the incident and where I'd parked 

I could have been a bit more persistent and ask her to at least send an email and see what happens but I got the sense that she wasn't prepared to go that far.

Anyway Coupon-mad there is an error in the claimants POC which I did post but decided to delete on case these PPCs read these forums.

Do you have access to deleted posts otherwise I can PM you what I've found.