Court pending after paying fine!

This is what POFA Sched 4 says about Notices to Driver, relevant to the issue of you receiving just ONE NtD which it is now claimed translates into 3 separate PCNs.


7(1)A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must;
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;
(c)inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time which is;
(i)specified in the notice; and
(ii)no later than the time specified under paragraph (f);
(d)inform the driver of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(e)identify the creditor and specify how and to whom payment may be made;
(f)specify the time when the notice is given and the date.
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking).
(4)The notice must be given;
(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and
(b)while the vehicle is stationary,
by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.


No separate notices were given.
You need to include this in your defence.


Please go back to my previous post - you need to argue those contractual points. You need to say in the alternative:
1. There was no contract between Def and Claimant because D was granted the right to park by your tenancy - GET YOUR LANDLORD TO PUT THIS IN WRITING IF YOUR TENANCY IS SILENT, AN EMAIL WILL DO
2. If there was a contract (which is denied) then it was not breached because the driver parked in accordance with the signage
3. If there was a contract which was breached, any claim in relation to it has already been settled by you paying £149 in full and final settlement.


Then include a paragraph:
The claim relates to 3 separate amounts allegedly charged on the same date and in relation to the same period of parking. However, only one PCN was on the windscreen and this related to the period of parking on the relevant date. Therefore the Claimant is not entitled to pursue the Defendant for three separate charges, but only one (and the Defendant has in any event paid one charge already on x date). This is by virtue of both the signage (which states a 24 hour period [check it does]) and by virtue of POFA, paragraph 7 of Schedule 4.

nigelbb wrote: »

You are wrong:) POFA contains no such clause however UKCPM must purchase keeper details from the DVLA for each & every "offence" so even if they claim three parking "offences" in one day they must purchase keeper details three times.

See my post #42.
I've just refreshed my knowledge of POFA. I was remembering the mention of "single periods of parking". In mentioning those it says that separate NtDs can be given in respect of single periods. However, in this case only one NtD was given. So POFA disallows the other 2 PCNs because no NtD was given in respect of those. And the OP has already paid for one charge.


I wonder whether OP needs to counterclaim for his £149 back, given that he is saying it was never owed in the first place. What would his cause of action be? I think it's worth shoving it in.

If they've made a mistake and pleaded it wrong, they are stuck with that.