UKCPS PoFA received - behind Leeds Railway station

Fumbles

Thank you both so much. Below is updated, as above suggestions:

2. The allegation(s) are vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieving material evidence difficult, which is highly prejudicial. The Defendant has little knowledge of events, save as set out below and to admit that they were the registered Keeper, but not the driver when the alleged incident occurred. The Keeper declines to name the driver and is under no legal obligation to do so.

3. The alleged breach in this case is stated in the POC as: “No stopping”. This is prohibitive; therefore, no contract was offered to the driver for them to be in breach of. For a contract to be formed under Contract Law, there must be an offer, an acceptance, and consideration (something of value exchanged). The driver cannot accept a contract that does not exist. Furthermore, in the POC the land is stated as “Leeds City Station Leeds LS1 4DY”. This is a large transport hub comprising multiple areas including station buildings, drop-off zones, and yellow-lined roads. In addition, at the time of the alleged breach, POFA 2012 was not applicable; The land was governed by Railway Byelaws until 26th December 2025 and was therefore excluded from the definition of ‘relevant land’ in paragraph 3 of Schedule 4 to POFA. As a result, the Claimant cannot rely on POFA to transfer liability to the registered Keeper in this case. They can only pursue the driver, whose identity has not been disclosed. There can be no Keeper liability in this case.

Gr1pr

Change all the double quote speech marks to singles, because the following characters are not allowed on MCOL

" < >

I counted at least 4 of them

You can then slot them into the 10 paragraph template defence, replacing paragraphs 2 & 3 with your own

Then he copies and pastes it all into the defence box on MCOL, save it and submit it, job done for now

Then he follows the 8 steps in the defence template thread first Post

Hopefully it will be over by Xmas, or next Easter, so strap in, dont forget to keep in mind post 2 in the newbies sticky thread in announcements and post 1 in the defence template thread in announcements

Dont be a stranger, its early doors at the moment, 1 - 1 halfway through the first half

Coupon-mad

Except …. pleeeease don't ask about the DQ n180 form or Mediation. Drives us mad when people take mediation seriously instead of just re-reading the 8 steps!

We'll see you again in about 6 - 9 months, when you get the local Court Hearing Order after you've read page 2 of it and come to us informed & knowing your WS deadline.

😁

Fumbles

@Gr1pr Got it! Will amend the quote marks - thank you for the spot. I had read this on another thread and forgotten.

Will get him to read and paste it into MCOL today and that's defence completed ☺️✅

@Coupon-mad , I already downloaded and filled out the N180 form so I'm okay with that part and won't post on it. I understand that it will come through in the post, but that I should submit it electronically - hence downloading it early. I will hold on to it until the paper copy comes through the post though. I will be doing mediation and it will be 5 mins of £0 offered, as per advice.

Thank you both for the support thus far.

Fingers crossed they drop their case because finding a date to go to court in the next 9 months is very tricky when his shifts are only provided in 6-week blocks 😅 We have had to strike out whole months as unavailable to be on the safe side.

Fumbles

Hi, we submitted our defence on the 14th June and have a letter from the court on 15th acknowledging receipt of it. We haven't heard anything since, and haven't even got the N180 form through the post yet. How long will it be before this arrives? Or might it not arrive if the case has been withdrawn by the claimant?

Le_Kirk

The CNBC will send a copy of your defence to the claimant who then has 28 days to confirm if/that they wish to continue. Check the status of your claim on MCOL

Coupon-mad

It'll go forward some time in July.

Fumbles

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Hi, Today we got correspondence (attached) from Moorside Legal that they intend to proceed as "we did not appeal when we could", and "our defence is based on keeper liability" which they say does apply to our case.

They have generously (lol) offered that we can pay them £200 to stop this now.

Any comments anyone? I assume we just wait for them to inform the Court that they want to continue?

Gr1pr

Ignore them and follow the 8 steps in the defence template thread in announcements, same as everyone else

tbu271

Even if this made it to court without the claimant discontinuing (unlikely) AND the judge ruled in the claimant's favour (also unlikely, providing you stick to the PoFA no keeper liability angle), at the very worst you'd be out of pocket £257.

Plus, the judge is likely to disallow the £70 recovery fee, and may disallow interest (push for these in your WS if the time comes) so in reality it would be more like £185.

And if you win in court, you would have nothing to pay and could claim for some costs too.

The offer of £200 is offensively bad, only a fool would take them up on this 😂

So yeah, ignore, wait it out for now, 8 steps as above.