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What evidence for POFA Compliance
I have a (particularly threadbare) Parking Charge that has proceeded to a Claim with the single communication from the Claimant previously being a notice that the debt is now £140 and 'will escalate to £170 plus costs if payment isn't made within 14 days.' before issuing the Claim 12 months later!
In defence I would greatly appreciate knowing: If I put the Claimant to strict proof of PoFA-compliant NTK service, and they respond only with a witness-statement assertion that their system posted a notice within 14 days (relying on deemed service) — WITHOUT producing a copy of the NTK or proof of posting — is that assertion sufficient to establish keeper liability, or must they produce the actual notice and evidence of posting?
And does my 'first contact was a debt demand two months later' (after the claimed 'offence') carry any evidential weight against their deemed-service claim?"
Any assistance would be greatly appreciated….
Thank you
Comments
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Please show us your claim form with your details and password redacted,
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If you haven't received a PCN, a reminder or a letter before claim, it is likely that your V5C was not up-to-date with your current address. Check that.
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Car1980 asked for the Claim Form - here is the form - redact
ed
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V5C is completely correct - sadly we lived (it has greatly improved since new facilities were completed 6 weeks ago) in a royal mail lottery system - except no-one seemed to ever win the prize…….we've had endless NHS appointment letters never showing up and on two occasions weeks after the appointed date. But this apparent paucity of service seems rather too focussed even by the previously appalling delivery standards!
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With an issue date of 05/08/26 and providing you complete(d) the AoS before or on 24/08/26 your defence deadline date is 4.00 p.m. on 07/09/26
Did you complete the AoS before 24/08/26? If not, you might want to check the status of the claim on MCOL because you might have a default judgment against you (I hope not).
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AoS submitted (and acknowledged) 21/08/26 - now in the realm of Defence (where little actually adds up in a formal sense). Just trying to frame what the strict proof of PoFA-compliant NTK service encompasses!
Huge thanks for the concern, Le_Kirk
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Apologies to all - a key piece of information for you is that the Parking Fee was paid (by contactless payment) at the time of parking and, on receipt of the $140 notice, the receipt was provided via their online Appeal system which verified my email address. But still there has been no other communication until the Claim was posted through the door!
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Was this ANPR I smell a VRN input error and they didn't mention that in their greed!
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It is certainly very 'smelly' but the VRN is accurate. However the Claimant's website shows a page concerning the 'offence' which has a photo of the car arriving in the Car Park but with zero imprinted date and time however they claim highly specific arrival and departure times whilst leaving the departure photo space blank. There is also no mention of the Appeal nor of evidence provided. (Sounds like a cash cow business model, to me!)
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Which PPC? Which legal firm is representing them please?
Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street3
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