Defence required for CCBC for a PCN that was issued 4 years agoo!!

[Bcos447]

Hey guys,

Anyy help to draft a defence for a PCN issue would really be appreciated. I have acknowledged and have until Monday (28 days exactly) to file a defence.

The issue concerns two PCN's that were issued on the 29 and 30^th Jan 2019.

I was not the driver of the vehicle at the time and i have lost touch with the individual, i still have details for the individual that was driving.

I have followed the process and requested a SAR which i have not received a response to and a CPR 31.14 request which i have received copies of the parking ticket which was issued, photographs of signage and the location and my vehicle. I am going to defend this as i was not the driver but the registered keeper - also worth noting that the offence happened in Scotland and i received the CCBC letter when i moved and changed my address to the English address i am currently at - which if I'm correct liability of payments can only be transferred to the registered keeper in England and Wales (the PCN was issued in Scotland)

I noticed in the evidence pack i received that the last two letters which were sent were dated in march 2019 two months after the PCN was issued as 'FINAL REMINDER' and no other correspondence. So i am including this in my defence.


Some points to note below..

1. There were two tickets issued one on the 29^th and another on the 30^th January 2019. It looks like the vehicle was parked in two different locations of the same industrial park where the PCN's were issued.
2. The PCN's were left on the windscreen of the car on the two occurrences. Which I (the registered keeper of the vehicle at the time) was not privy to as i was not the driver. I do not recall receiving any other letter after the ones that DCB sent, as this was a while ago now i cannot remember the exact date, but according to the CPR 31.14 that i have received from DCB legal ltd the first letter was issued on the 4/3/19 for both PCN's and the second letter (final reminder) on 19/03/19 also for both PCN's, and nothing was issued after that so that would be after 14 days.
3. I have acknowledged the claim and have until Monday to file a defence using MCOL. I have not named the driver as i did not receive any other correspondence until recently when i received the county court letter.

The offence happened in Scotland (where i was living) and the letters are addressed to my Scottish address as my car was registered there. But I've now moved to England (been down here for two years now), and hadn't received any letters to my new address from DCB or UKPC.

Please could you help @charitynjw

[Bcos447]

I'm drafting up my defence today so it would be great to get some help, i appreciate not long is left. I have copies of the ticket and notices that were sent to my address through a CPR 31.14 request that i sent. i'm happy to put up redacted copies here

[atticus]

Do the documents that you have received include a notice purportedly sent to you within 14 days of the parking incident?

[des8]

Without seeing any of the documents it is difficult to suggest any wording.
so please post up at least the particulars of claim IN FULL

[Bcos447]

These are redacted copies of the what was received from the CPR 31.14 request, atticus these were received 34 days after the PCN was issued by the looks, however, it's the first i'm seeing them.

https://imgur.com/a/SbpxcfS

And the claim form which was sent to my current address elow des8

https://imgur.com/a/rE1ol6h

[Bcos447]

This is the defence below? **** is this okay to submit ? Also i have read in other threads that it's best to send it by email and not MCOL ?

(1)The Defendant received the claim ******* from the Northampton County Court on ***/***/****

(2)The Claimant asserts in their Particulars Of Claim that the sum of £536.12 (plus costs and interest) is owed for two unpaid parking charge notices from 29th January 2019 and 30th January 2019. The claimant has added nearly 200 pounds on top of original claim which are unrecoverable as per other cases won (Parking Eye Ltd v Beavis [2015]

(3)It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver on these dates are unknown to the Defendant. The Defendant is unable to recall who was driving on an unremarkable date and unspecified time over 4 years ago.

(4)The Defendant does not recall receiving the original PCN and upon receiving the Claim Form has subsequently requested a copy via Subject Access Request.

I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[Bcos447]

I'v included more detail on this one including POFA. does it apply ?

_________

The Defendant received the claim ********* from the Northampton County Court on **/**/****

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

The Claimant asserts in their Particulars Of Claim that the sum of £536.12 (plus costs and interest) is owed for 2 unpaid parking charge notices from 29th January 2019 and 30th January 2019.

(1) It is admitted that the Defendant was the registered keeper of the vehicle in question at the time. However, the Defendant was not the driver on the days in question nor had any knowledge of the parking contravention.

(2) The Defendant did not receive the PCN. The Defendant upon receiving the Claim Form has subsequently requested a copy via Subject Access Request.

(3) A request for a Civil Procedure Rule 31.14 was requested from DCB legal ltd and they did provide copies of the two Parking Charge Notices they assert to be outstanding.

(4) The defendant was not living at the address where the two letters were received and no further correspondence to the defendant's new address was received thus the defendant had no knowledge of an outstanding PCN, no letters were received by the defendant. As the initial parking charge would have not been received as the defendant was not the driver.

(5) The Defendant as the registered keeper of the vehicle in question notes that they cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012 ('PoFA'), Schedule 4. In the Particulars of Claim ('POC') it is stated that the Defendant is liable as the driver or keeper but the Claimant has failed to provide any evidence that Defendant was also the driver. The Defendant cannot be held liable for the charges as the keeper of the vehicle. The Claimant did not properly serve a compliant notice to keeper in strict accordance with Paragraph 9, sub-paragraphs 4 and 5 of the PoFA, which states that notice to keeper must be delivered within the relevant period. Where the relevant period is defined as the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6) Given the Defendant was not the driver and the Claimant has failed to comply with the Notice to Keeper (wording and deadlines) requirements of Schedule 4 of the Protection of Freedoms Act 2012, there is no applicable law under which the Defendant can be held liable. The unknown driver can only have been visiting the retail premises and would have been acting as a consumer in their own right and not 'on behalf of' this Defendant.

(7)However, they fail to satisfy schedule 4 of the Protection of Freedoms Act 2012 paragraph 9 (4)(5)(6) in that the notice could not have been delivered within the required 14 day period;

PCN 1 was alleged to have occurred on 29th January 2019 with a notice issued on 04th March 2019, bringing the delivery time to 34 days where 2 working days are assumed for delivery as stipulated at PoFA P9 (6).

PCN 2 was alleged to have occurred on 30th March 2019 with a notice issued on 4th March 2019, bringing the delivery time to 34 days on the same basis.

It is denied that the Defendant entered into a contract with the Claimant for provision of parking.

The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[Bcos447]

Please guys if you could advise as i need to get this emailed across sometime today or tomorrow at the latest. Happy to answer as many questions as you have

[charitynjw]

You seem to be well aware that PoFA is not applicable in Scotland.
Yet you do not mention this rather important point in your defence.
I guess you must have a good reason for the omission?

[Bcos447]

ah i wasnt aware, can i add this into the first defence or should i remove it from my second one and only mention that this doesn't apply

[charitynjw]

If it were me I'd be stating that I dispute all of the Claimant's assertions & would challenge jurisdiction.

[Bcos447]

Can I include challenging the jurisdiction in the defence ?

[des8]

"PCN 2 was alleged to have occurred on 30th March 2019 with a notice issued on 4th March 2019, bringing the delivery time to 34 days on the same basis."

suggest you check the dates

Sorry, but can't read the claim form as it disappears when I scroll down.

In your first draft defence you say you don't know the identity of the driver, and in the second draft you refer to "unknown driver".
Suggest you change that to "unidentified driver" and do not pretend not to know the driver's identity when in court when that is untrue.

[Bcos447]

I better change that, 30th January 2019 and the notice issued 4th March 2019. Which draft defence should I add to, I’m thinking the first as it doesn’t involve POFA and I can add a statement to the first about this happening in Scotland

Particulars of claim

the defendant is indebted to the claimant for a parking charge issued to vehicle ******* at Baird street industrial estate, Glasgow. The PCN details are 29/01/2019 ***********, 30/01/2019. Pcn’s were issued on private land owned or managed by C. The vehicle was parked in breach of the terms C’s signs (the contract) this incurring the pcn’s. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the pan is outstanding. The contract entitles c to damages and the claimant claims £320 being the Total of the pcn. Interest rate of 8% per annum Persuant to s.69 of the county courts act 1984 from the date and the hereof at a daily rate of £0.04 until judgement or sooner payment. Costs and court fees

[charitynjw]

I better change that, 30th January 2019 and the notice issued 4th March 2019. Which draft defence should I add to, I’m thinking the first as it doesn’t involve POFA and I can add a statement to the first about this happening in Scotland

Particulars of claim

the defendant is indebted to the claimant for a parking charge issued to vehicle ******* at Baird street industrial estate, Glasgow. The PCN details are 29/01/2019 ***********, 30/01/2019. Pcn’s were issued on private land owned or managed by C. The vehicle was parked in breach of the terms C’s signs (the contract) this incurring the pcn’s. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the pan is outstanding. The contract entitles c to damages and the claimant claims £320 being the Total of the pcn. Interest rate of 8% per annum Persuant to s.69 of the county courts act 1984 from the date and the hereof at a daily rate of £0.04 until judgement or sooner payment. Costs and court fees