Two County Claims from BW Legal - PCN for stopping ?

[62hotdog]

Similar reasoning. For the puncture you could not complete any alleged contract because of circumstances out of your control. The helper was assisting a disabled car and had no intention park or create a contract for parking.

They have not complied with the requirements of POFA (which is really intended for parking, not stopping or waiting) and can only take action agaisnt the driver. They know this but hope you don't. The keeper is under no legal obligation to identify the driver at the time. 2 years is a long time to remember who was actually driving.

Unfortunately no time limit, only the 6 years limitation.

They have become emboldened by the attempts at liverpool to go to court.

Have they just sent these PCNs or are they just debt chasing?

Chasing debt but now sent County Claim to Reg keeper for both cars. The letters stopped in 2017 and started in Jan n - last letter came jst last week.
I am right to take this to court then ?

[ostell]

You mean both keepers have had claim forms from Northampton ? You've got no choice about court, it's going there unless the money is paid.

If the MCOL form has been received then acknowledge it on line using the details on the form. Do not put anything in the defence. This gives you 33 days from the date of issue to get the defence into the court.

[62hotdog]

You mean both keepers have had claim forms from Northampton ? You've got no choice about court, it's going there unless the money is paid.

If the MCOL form has been received then acknowledge it on line using the details on the form. Do not put anything in the defence. This gives you 33 days from the date of issue to get the defence into the court.

Thank you - All of this has been completed now - where do i go for here - Is there a procedure / formality about putting together a defence - Do you have to travel to Northampton ?

[Amethyst]

No, the case is normally transferred to your local county court, Northampton is just a bulk processing centre

You now have 33 days ( 28 plus 5 for service) from the issue date on the claim to formulate your defence and ask the claimant for any documents they mention to evidence the case.

The CCA parts of the guides won't apply, but you can use the CPR 31.14 request to ask for any documents mentioned in their particulars of claim ( presumably signs, terms, notice etc ? )

Check dates
Acknowledge Claim
CPR 31.14 Request
Subject Access Request Letter (optional)

[62hotdog]

Jst catching up with this now .. Is this sufficient to mount a defence ? I have maps,signage etc


They have not complied with the requirements of POFA (which is really intended for parking, not stopping or waiting) and can only take action agaisnt the driver. They know this but hope you don't. The keeper is under no legal obligation to identify the driver at the time. 2 years is a long time to remember who was actually driving.