UKCPS PoFA received - behind Leeds Railway station

Fumbles

ah okay, thank you. I have read a few but it’s still a little confusing. Will await the next piece of correspondence that comes through

MothballsWallet

https://forums.moneysavingexpert.com/discussion/comment/81804008#Comment_81804008

I thought that the parts of the Highway Code that use "YOU MUST" or "YOU MUST NOT" (I seem to remember those being capitalised in my copy) are from law?

Coupon-mad

No the HC is merely guidance.

Fumbles

Hi all,

Yesterday we received the court pack from CNBC. The issue date is the 15th May, so I plan on doing the MCOL acknowledgement today (20th May, as 5 days after issue = day of service).

I have prepared the defence using the template guidance. I haven't changed paragraph 3 as our case relies on the original POFA being issued to the Keeper with no proof that he was driving; no info on alleged breach (just states that the car stopped at 23:50 on 10th Dec with no duration of stoppage; postcode given is for wide area (not specific); postcode is also for Leeds Train Station which (at the time) did not come under POFA as it is subject to byelaws…

I have a couple of questions on defence:

1. Should I include as part of his defence that the photographs provided on the portal do not clearly show the driver's face, but do show my husband getting into the car as a passenger, thus giving concrete proof that the Keeper does not equal Driver in this case?
2. My husband is concerned that if we do the above then it means that he gives away that he may know who the driver was, and the Court could view him as irresponsible for not providing the name of the driver. Am I correct in saying that the burden of proof is on the Claimant, therefore he is under no obligation to tell them who the driver was, and he could now go as far as saying he cannot remember as it was 6 months ago?

I have a couple of questions on N180:

1. I started filling out the N180 that I downloaded. I put myself as mediation attendant, is that still OK? (I plan on telling them my offer is £0 and their POFA is non-compliant so don't bother taking further, 5 mins max on phone and done, as per advice).
2. On the N180 it asks for 9-months worth of dates that you can't do for a potential hearing. My husband works for the NHS and gets his shifts in 6-week blocks so he has no idea what dates he can/can't do in 9-months. How should we handle this?

Thank you all for your patience in helping us get this far. Your advice is much appreciated.

Gr1pr

Original PCN , issued to the keeper

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

There is no legal requirement for the driver to be revealed at any point, and its up to UKCPS and Moorside Legal to prove their claim is valid, the defendant doesn't have to prove anything at all

My advice regarding the defence template, less is more, refute the POC, nothing else

There is no WE in this case, just the defendant, so who exactly is the defendant ? You or your husband. ?

Fumbles

https://forums.moneysavingexpert.com/discussion/comment/82005810#Comment_82005810

Hi @Gr1pr , the original PCN is on the first post on this thread. Or do you mean post it in the defence on MCOL?

I had thought that burden of proof is on them, thank you for clarifying.

Understand no "we", it is my husband. I'm asking on his behalf on here. I am confused on how to handle his working situation as HE will have to attend court if it comes to it. I understand and have not used "we" anywhere but in this forum thread.

Gr1pr

Then you are not doing anything on MCOL, he is, as the defendant named on the left of the claim form, you are his assistant, as are we, strangers to his case

He does the AoS using his government gateway account

He fills in the defence box on MCOL

He attends the hearing in court, if it ever got that far ( many don't. )

The POC is on the lower left side of the claim form, nothing to do with the pcn

Yes, the burden of proof lies with the Claimant

This quote from your reply above makes no sense

as our case relies on the original POFA being issued

Fumbles

https://forums.moneysavingexpert.com/discussion/comment/82006259#Comment_82006259

Yes, I fully understand that HE is doing it on MCOL - I get this. 100%.

My questions above still stand, but I will rephrase them - Should HE include as part of his defence that the photograph shows him getting into the car as a passenger OR should he just leave paragraph 3 as it is in the template?

The answer on burden of proof (thank you) seems to suggest that he doesn't even need to go into this much detail.

My point on "our case relies on the original POFA being issued incorrectly" - I should have said PCN, not POFA. My point still stands - does he need to change paragraph 3 because the absolute crux of this all is that the first PCN was null and void as soon as it landed?

His questions on N180 are also still valid - there is older guidance from this forum that states that someone else can undertake the mediation call for you. Is that still the case? If so, I (his wife) will do this on his behalf, acting as his assistant.

On the N180 it asks for 9-months worth of dates that he can't do for a potential hearing. My husband works for the NHS and gets his shifts in 6-week blocks so he has no idea what dates he can/can't do in 9-months. How does he communicate this to the court to avoid being penalised? Can he later contact the court should a date be issued and ask for it to be moved?

Thank you.

Gr1pr

Ukcps have never complied with POFA, so my suggestion is, less is more, less info the better, leave paragraph 2 as is and dont add extra details to paragraph 3 unless recommended by regulars here

Yes you can take the non important mediation call, usually 5 minutes to decline offers and say thank you and goodbye

They will be unlikely to move a set date, so do it as best you can, based on the shift pattern

Is the alleged breach pleaded in the POC on the lower left of the claim form. ?

Fumbles

POC, as requested