Civil Enforcement Limited County Court Claim Form

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

I had a look on forum but cannot find any templates i can use for the defense do you by any chance have anything i can use?

[ostell]

Re: Civil Enforcement Limited County Court Claim Form

POFA or more strictly Protection of Freedoms Act 2012 Schedule 4 give the parking operator the right to claim the charges from the registered keeper of a vehicle if they do not know the identity of the driver (there is no legal requirement to name the driver). With no windscreen ticket then they have to comply fully with the requirement of paragraph 9. There is no mention of POFA liability in the PCN and therefore they have not created keeper liability. All the required statements in POFA must be in the PCN.

You have received the Particulars of Claim form (but first page blank?) but have you received a claim form from Northampton? If you have then acknowledge the claim online using the details on the form.

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

HI Yes i did get a claim form and have acknowledged it online.

attached are the other pages sorry i dint think they were important

[ostell]

Re: Civil Enforcement Limited County Court Claim Form

So you write a defence stating that
you, the keeper, cannot be held liable as the claimant has failed to comply with the requirements of POFA to hold the keeper liable.
The signage states "Permit Holders Only" and does not offer parking to non permit holders and therefore there can be no contract. The only claimant would be the landowner for trespass
The existence of a contract with the landholder is disputed and also any authority to take legal proceedings on the landholders behalf
If the keeper is found to be held liable then the amount of liability of the keeper is limited by POFA paragraph (4) (5) and para (9) (2) (d) to amount owed one day prior to the issue of the Notice to Keeper.
The amount claimed has not been itemised. The claimant is adding legal costs to the c;aim which is not allowed in the small claims track.
The signed witness statement keeps referring to the defendant as the driver. The witness cannot possibly have any knowledge of the identity of the driver.

I'm sure there is more and others will help but put it on here for critique before you submit.

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

Thank you so much for your help i will post up here before submitting

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

Hi Thanks again for all your help. i have attached the defense letter but i am not sure what else to add. do you think this will be ok?

[richardlat1]

Re: Civil Enforcement Limited County Court Claim Form

HI I sent my defense letter and have now received this. What do i need to do with it?