Received County court claim Form for a PCN but I was not the driver?

[MiniB]

No,
If it were me, I'd add the bit about failing to establish authority on the top (ie your post #40), & adapt para 10.

Like this?


I am xxx,the defendant in this matter and the registered keeper of vehicle xxx.

I deny I am liable for the entirety of the claim on the following grounds:

The Claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to be able to transfer liability for the event from the driver at the time to the keeper.




The failures are:


1. No period of parking specified contrary to 9 (2) (a). Timings from photos of a car moving In front of a camera is, by definition, not parking.

2. Invitation to pay is not in the format required by 9 (2) (e)

3. Failure to give the keeper liability warning required by 9 (2) (f)

4. Failed to specify the date sent as specified by 9 (2) (I)



Schedule 4 of the Protection of Freedoms Act 2012 specifies the following.


1: 9(2) (a) The notice must specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.

2: 9(2) (e)The notice must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper —

(I) to pay the unpaid parking charges; or



(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver.

3: 9(2) (f) Warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(I) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and




(ii) the creditor does not know both the name of the driver and a current address for service for the driver


4: 9(2)(i) specify the date on which the notice is sent (where it is sent by post) or given (in any other case).




5: The Claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to be able to transfer liability for the event from the driver at the time to the keeper.
The Claimant has also failed to establish authority to operate on the relevant land.







6: The defendant was not the driver at the time of the alleged contravention.




7: The vehicle in question was NOT Parked at any point within the times specified by the claimant, no contract was created as the claimant failed to provide the parking that was offered.




8: No signs at the Entrance before entering the Car Park.
Signs Displayed at the exit are not sufficient, therefore no contract is Valid or enforceable.

9: Signs unlit and not clearly visible, terms and conditions text is also to small to read by the naked eye while in a stationary or moving car.

10: The above Listed Failures of the Claimant and the following statements conclude that I should not be held liable for this claim:



11:With reference to a similar Case No: 3JD08399 the Judge dismissed the Claim.



The vague Particulars of the Claim disclose no clear cause of action. The court is invited to strike out the claim of its own volition as having no merit and no reasonable prospects of success.


STATEMENT OF TRUTH

I confirm that the contents of this Defence are true to the best of my knowledge and recollection.



xxx
XX feb 2019

[charitynjw]

If it were me, I'd split para 5.

5: The Claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 to be able to transfer liability for the event from the driver at the time to the keeper.

6. The Claimant has also failed to establish authority to operate on the relevant land.

& renumber.

I'll take a quick look through the thread to see if all is ok.
As Arnie says....."I'll be back!"

[charitynjw]

Back!

All good as far as I can see.

Are you sending via land mail?

[MiniB]

Back!

All good as far as I can see.

Are you sending via land mail?

No i'm hoping to do it online now.

[charitynjw]

Ok

Online is (I think...certainly used to be!) limited to the number of 'characters', so check that you're ok.

If a problem, you can send a signed one to court via email. (as an attachment.

You'll need to give the court claim no. on it......I just put it in the 'subject' box & put a 'header' in the main body of the email.
Seems to be ok.(Mine was accepted like that.)

[MiniB]

Ok

Online is (I think...certainly used to be!) limited to the number of 'characters', so check that you're ok.

If a problem, you can send a signed one to court via email. (as an attachment.

You'll need to give the court claim no. on it......I just put it in the 'subject' box & put a 'header' in the main body of the email.
Seems to be ok.(Mine was accepted like that.)

Thanks

It all went through ok online.

Just a waiting game now?

Fingers crossed!

I let you both know whats happens.

Thanks again both, for all you invaluable help.

[MiniB]

Hello good folks.

Here we go again!

I've Just received a Notice of Proposed Allocation to the Small Claims Track?
Not sure what I should do?

Your invaluable help would be gratefully appreciated,

[ostell]

Part of the normal process. The solicitors will go ahead come what may. They win either way, even if you lose they get paid.

[MiniB]

Part of the normal process. The solicitors will go ahead come what may. They win either way, even if you lose they get paid.

Thanks

But what do I do?
Do I fill it in(Directions questionnaire(Small Claims Track) and send it off or ignore it?
Does this mean that ill have to personally appear in court?

[ostell]

Yes you fill in the DQ and send one copy to the court and another to the claimant, as directed.

[charitynjw]

Thanks

Does this mean that ill have to personally appear in court?

If it goes that far it is highly recommended that you do so.
But you can have the case heard on paper evidence only.

[ostell]

Court is not as you probably imagine it. It is in a room with the judge sitting at a table that is higher than the others and the claimant and defendant facing him at their tables. Forget TV and the big room and hordes of people around. You'll probably enjoy the experience once it's over.

[MiniB]

OK thanks for the positive words

But I suffer from severe anxiety, Im not sure I could cope?

[charitynjw]

OK thanks for the positive words

But I suffer from severe anxiety, Im not sure I could cope?

[MiniB]

Ok thanks ill look into that.

Also I noticed that their court is in Leeds which is 228 miles and 4 hours from me.
Does that mean I would have to travel all the way there and if so how much costs could I claim.

I did mentioned in the court form(SCT) my local(home) preferred court, but it does say they generally its held at the claimants court?

But if the rolls were reversed and they have to come over to my court, could they claim excessive travel costs?

P.S its also worrying me that they must think that they can win the case or they wouldn't have continued with the claim?

Many
Thanks
B