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  • FIRST POST
    • Mr Picklehead
    • By Mr Picklehead 25th May 18, 8:45 PM
    • 21Posts
    • 2Thanks
    Mr Picklehead
    HX CPM Non POFA compliant and citing Elliot v Locke
    • #1
    • 25th May 18, 8:45 PM
    HX CPM Non POFA compliant and citing Elliot v Locke 25th May 18 at 8:45 PM
    Apologies if this is covered elsewhere but I have not managed to find it.


    A relative has sent a first letter appeal to HX Car Park Management against a PCN issued by post (no windscreen ticket) alleging "you did not pay and display or did not enter the correct registration number".


    The relative appealed as the keeper of the vehicle (not the driver) stating that there was no keeper liability and that "a parking charge cannot be enforced against a keeper without a valid NTK which by law must comply with the Protection of Freedoms Act 2012 (POFA)" Furthermore they issued HX CPM with a Section 10 Data Subject Notice for breach of the Data Protection Act 1998. This was issued as the relative stated that HX PCM had no "reasonable cause" to pursue the keeper. Non compliance with POFA they argued meant there can be no transfered liability and no legally enforceable charge against the keeper.


    HX CPM rejected the appeal (no surprises there!). There rejection letter states:


    "If you, the keeper, are unwilling to name the driver at the date of the contravention, you will remain liable for the PCN. We do not have to comply with POFA in regards to issuing tickets, and as per the case of Elliot v Locke, if the keeper is unwilling to name the driver, then we can proceed with the assumption that the keeper was the driver at the time of the contravention"


    They go on to re-offer the lower "prevailing price" (sixty pounds) for a further period of 14 days from the date of the rejection letter or suggest an appeal to the Independent Appeals Service (IAS).


    I am aware of the advice not to appeal to IAS. The letter also has a BPA logo on the bottom - could my relative request a POPLA appeal instead?


    I am aware that Elliot v Locke is a criminal case ruling and is not relevant to keeper liability in a civil case. I am unsure however why HX CPM so readily claim that they do not need to comply with POFA. Is there something I am missing? Of course it's not the issuing of PCNs that has to comply with POFA but surely then, since they are not POFA compliant, they have no grounds to chase the keeper for payment of the PCN?
Page 3
    • KeithP
    • By KeithP 16th Apr 19, 1:52 PM
    • 14,258 Posts
    • 16,181 Thanks
    KeithP
    My relative just got the County Court "Claim Form".
    Originally posted by Mr Picklehead
    What is the Issue Date on the Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?
    .
    • Mr Picklehead
    • By Mr Picklehead 16th Apr 19, 3:59 PM
    • 21 Posts
    • 2 Thanks
    Mr Picklehead
    Issue Date: 8th April 2019
    From: CCBC Northampton
    AOS: Acknowledged online: 16th April 2019
    • KeithP
    • By KeithP 16th Apr 19, 4:02 PM
    • 14,258 Posts
    • 16,181 Thanks
    KeithP
    Issue Date: 8th April 2019
    From: CCBC Northampton
    AOS: Acknowledged online: 16th April 2019
    Originally posted by Mr Picklehead
    With a Claim Issue Date of 8th April, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 13th May 2019 to file your Defence.

    That's nearly four weeks away. Loads of time to produce a perfect Defence, but best not to leave it to the last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
    1. Print your Defence.
    2. Sign it and date it.
    3. Scan the signed document back in and save it as a pdf.
    4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

    Every where I have said 'you' or your', I do of course mean the Defendant.
    .
    • Mr Picklehead
    • By Mr Picklehead 16th Apr 19, 4:07 PM
    • 21 Posts
    • 2 Thanks
    Mr Picklehead
    "The claimant claims 100 for the PCN. 60 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of 10.14 pursuant to s69 of the County Courts Act 1984 at 8% per annum continuing at 0.04 per day.


    Amount Claimed 170.14
    Court fee 25
    Legal representative costs 50
    Total Amount 245.14"
    • Mr Picklehead
    • By Mr Picklehead 16th Apr 19, 4:10 PM
    • 21 Posts
    • 2 Thanks
    Mr Picklehead
    Can my relative contest the jurisdiction if they believe that Gallstones haven't taken all the necessary steps to resolve the dispute without going to court?
    • KeithP
    • By KeithP 16th Apr 19, 4:11 PM
    • 14,258 Posts
    • 16,181 Thanks
    KeithP
    Can my relative contest the jurisdiction if they believe that Gallstones haven't taken all the necessary steps to resolve the dispute without going to court?
    Originally posted by Mr Picklehead
    No, that isn't what contesting jurisdiction is about.
    .
    • Coupon-mad
    • By Coupon-mad 16th Apr 19, 4:16 PM
    • 70,207 Posts
    • 82,782 Thanks
    Coupon-mad
    OK, same as any other from Gladstones. Loads of threads here for you to read!

    Look at post #2 of the NEWBIES thread and use bargepole's concise defence (adding your own facts) and show us your draft.

    Also see the link to 'what happens when'. Defence is not the only task along the way.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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