THE PARKING SPACE, B W LEGAL court claim

Gr1pr

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

Post the Issue date from the top right of the claim form too

James_Poisson

https://forums.moneysavingexpert.com/discussion/comment/81923270#Comment_81923270

Well you certainly don't admit to being the driver as their NTK was not POFA compliant so they cannot hold the keeper liable.

Bob159

Hi here is the POC, The date on the Claim form is 18/02/26

Gr1pr

Leave paragraph 2 as is, no changes

For paragraph 3, just refute the POC using the standard paragraph 3 that you will find in other defences that mentions the word Contravention like Smart Parking ones last summer and autumn

No stories, no mentioning who was driving or the circumstances etc

You may wish to mention the lack of compliance with Pofa2012, despite the POC mentioning Pofa2012 and keeper liability

Use all 10 paragraphs for the defence

Castle

Your Defence filing deadline is next Monday, (23rd March).

Le_Kirk

With an issue date of 18/02/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 23/03/26

Bob159

Defence is going in today, Can I ask how the NTK is not POFA compliant?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/81930883#Comment_81930883

Umkomaas expanded on that aspect in May 2025

Please Edit your thread title to something more suitable like

THE PARKING SPACE, B W LEGAL court claim

Bob159

Yes sorry I have changed,

I have re-read there comments, it was dates part when they can be seen on the NTK?

"PoFA non-compliant NtK - both in terms of dates and absence of the PoFA warning."

And use this paragraph you mentioned from the smart parking cases? again confused are there is time specified on the NTK?

3. The Defendant is unable to recall who may have been driving on an unremarkable date and unspecified time and no evidence has been produced. There can be no 'keeper liability' in this case. Research has proved that this Claimant has never used the provisions of Schedule 4 of the POFA 2012 and they know, or should know, that they cannot hold registered keepers liable

Gr1pr

There are 13 days between the incident date and the issue date, therefore it could not be delivered within the timescale required by Pofa2012 ( 14 days. )

The Pofa2012 warning paragraph, as seen on Parking Eye NTK PCNs, is absent, meaning that the Pofa2012 warnings were missing too ( as Umkomaas said. )

2 deadly failures

So whilst the above paragraph 3 may be extremely useful, so could be used, it doesn't refute the breach allegation in the POC you posted ( a key defence requirement )

I was thinking about the NO CONTRAVENTION type of paragraph 3, one that refutes the POC in its entirety