PPC & Court claims. Need to file defence

[Scigal]

Hello all,

Would you please take a look at this http://forums.moneysavingexpert.com/....php?t=4809910

And help me to write the defence with the RK? I've been reading allsorts, and the info is first rate, but I just dont know how to translate it for this defence

Many thanks

[Scigal]

Re: PPC & Court claims. Need to file defence

This is what I had said so far

I am not liable as POFA 2012 has not been invoked here and I was categorically, not the driver. 'Keeper liability' can only be established if the requirements of Schedule 4 of the POFA 2012 are met. That would have involved sending a fully compliant Notice to Keeper between day 29 and day 56 after the windscreen ticket. A speculative invoice was sent on day 16, and therefore there is no keeper liability, as POFA 2012 requirements were not met. The notice to keeper was sent well ahead of the minimum of 28 days. The parking event occurred 16^th October 2013. First letter asking for money received 1/11/13, 2nd letter wanting twice amount received 28/11. No letter before action issued.
This case has been levelled at the registered keeper and the registered keeper is not the driver. There is no keeper liability.
The NHS Trust has used 'reasonable cause' to get the DVLA data because they are not a private parking company and the Hospital could show reasonable cause (and their solicitors are acting for them in that regard). But they could ONLY get that data for the purpose of trying to level this charge at the driver. A complaint was made to the DVLA in writing about this data confidentiality issue. Only Approved Operator Scheme of an Accredited Trade Association such as the BPA (or the IPC) members can get DVLA data.
This charge is also an invoice, it is not a genuine pre estimate of loss that could be caused by any alleged breach, in fact a parking permit is paid for monthly on that car and therefore there is no financial loss to the landowner.
The Trusts solicitors failed to follow the Practice Direction, as no Letter before claim was sent, this would have enabled the keeper to have sent a formal response and request a POFA code. This should have given concise details about the mater, it should enable the defendant to understand and investigate the issues. I t should include if a financial loss is claimed, an explanation of how the amount has been calculated for example. The defendant should be referred to Practice Direction and in particular draw attention to paragraph 4 concerning the court’s powers to impose sanctions for failure to comply with the Practice Direction.
The CEO of the hospital has also been contacted about this event and said they are looking into this.

[mystery1]

Re: PPC & Court claims. Need to file defence

Post up your particulars of claim, notices they sent and pictures of signage as well as any other pertinent info.

M1