Advice: NPC/DCBLegal Money Claim Received

fuj1

Thanks for the specific advice, @Coupon-mad.
Here’s how my defence looks now:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper but NOT the driver at the time of the alleged contravention.

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 21/09/2024, as alleged.  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied and the Defendant has seen no evidence that the Claimant complied with the only 'keeper liability' law on private land (it is not an automatic right under the POFA as the boilerplate POC seem to make out). The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever.

3.1 The Driver, a family member, was staying overnight at the address referred to in POC paragraph 1 as an authorised visitor, a parking permit was provided to her by the owner of the property and was clearly displayed in the front windscreen of the vehicle as instructed.  The photo included within the original NPC-issued PCN provides evidence of the parking permit being clearly displayed.

3.2 To the best of the driver’s knowledge the parking permit provided to her was valid and displayed clearly as directed, there is no evidence to suggest any contravention of parking rules in this instance.

Coupon-mad

Yep all good!

fuj1

Thank you, is it really as simple as that for the defence?

I have photo's (kindly provided by NPC) showing the permit in the front windscreen, should I include these in the defence or are these shared later?

Broadly anything else I should do at this stage or should I email my defence now? Can you submit too early, or is there a drawback to submitting early?

Coupon-mad

That's it within the 30 paragraph template defence, yes.

Email it now. No need to delay.

The fact you are asking about when to submit evidence tells me you need to re-read the RED CAPITALS section in the second post of the NEWBIES thread, to learn what to do when.

  

fuj1

Thanks again @Coupon-mad, I have reviewed the newbie guidance posts and in light of this have also added the following point...

3.3 The driver appealed to National Parking Control (NPC) Group, on the basis of no breach of prominent terms, explaining that she displayed the provided parking permit in the front windscreen of the vehicle for the duration of her stay, the appeal was dismissed by NPC.

fuj1

Doing a bit more reading and digging would it be worthwhile looking for anything to support her being parked there as a permitted visitor?

Gr1pr

fuj1 said:

Doing a bit more reading and digging would it be worthwhile looking for anything to support her being parked there as a permitted visitor?

Yes, but not for the defence stage,  save such ammunition to be included in the WS + Exhibits stage in several months time 

Coupon-mad

Yep keep the detail for WS stage.

fuj1

Hi all, by way of update, postal Directions Questionnaire receieved from the CNBC today.  I will complete and email as advised.

Coupon-mad

fuj1 said:

Hi all, by way of update, postal Directions Questionnaire receieved from the CNBC today.  I will complete and email as advised.

Then please come back in a week or so, to do the public Consultation being discussed on a thread. We need everyone.

Read this as if it was written to you:

https://forums.moneysavingexpert.com/discussion/comment/81570652/#Comment_81570652