county court business centre/countrywide parking

[winston00]

Hi All, need some help with a ccbc letter for a parking fine . i have not responded to this letter yet. many thanks winston

[ostell]

The dates of incident and the date the NTK was received would be helpful, as would the back of the form. With just the first page to look at it would seen that they have not complied with POFA and therefore there can be no keeper liability Sirs Ref PCN xxxxx VRM yyyyyy I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to give the warning to the keeper, contrary to section 9 (2) (f) of the Act. You cannot therefore transfer liability from the driver at the time to me. There is no legal requirement to identify the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc. Hirer and no documents Sirs Ref PCN xxxxx VRM yyyyyy I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper.. There is no legal requirement to identify the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc.

[ostell]

The dates of incident and the date the NTK was received would be helpful, as would the back of the form. With just the first page to look at it would seen that they have not complied with POFA and therefore there can be no keeper liability

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to give the warning to the keeper, contrary to section 9 (2) (f) of the Act. You cannot therefore transfer liability from the driver at the time to me.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.

[winston00]

Hey Ostell , Thank you for your response this is all i have from ccbc , i dont know what NTK is and cant remember the date of incident

[ostell]

Why did I think you had posted the NTK? Could be a funny with the forum, can't edit my first post and it killed the formatting. Possibly a link to the wrong photo.

The first thing you should do is acknowledge the claim using the details and password on the form. Nothing in the defence. This gives you 33 days form the date of issue to get a defence to the court.

The Notice to Keeper or PCN is the first document you would have received from CountryWide Parking. Without any of the preceding documents it will be difficult to help. Has anything been received previously about this?

[ostell]

Looks like edit is still not working.

Write to BW Legal and request a copy of all the documents that will be relying on in this case, especially the PCN that they have mentioned in the Particulars of claim

[winston00]

Hey Ostell thank you again for your help. i will log service and write a letter to BW leagle and request information . will post once i am in receipt of documents . many thanks

[winston00]

Good Afternoon All. recieved this letter from countrywide parking, any ideas on how i may respond. many thanks

[ostell]

Looks like BW legal have got it wrong again. You asked for the documents that they will be using yet all you get is a reminder letter for a charge and that reminder was issued to you dated after the court claim was issued and for an alleged breach by the driver on a date in May this year and yet they are claiming for an unspecified breach in August 2017.

Is this the first you have heard of this matter or can you remember getting a Parking Charge Notice (PCN) or Notice to Keeper (NTK) at all ? If you got one when was it, this year or last year. Has an appeal been made previously, has the driver been identified (simply yes or no).

You need to write a defence. Look up defences on this site and the private parking forum of Pepipoo. Your defence needs to be delivered to the court by 33 days after the issue date.

Things that spring to mind are:

You are a litigant in person
You admit that are the keeper of the vehicle.
The Particulars of Claim are embarrassing in their lack of detail
The claimant has failed to show that the defendant was the driver at the time.
The documents supplied that purports to show the alleged debt has an issue date after the date of issue of the claim form
The alleged event on the document that gave rise to the debt is some 8 months after the alleged evetn in the Particulars of Claim
As the keeper the have failed to comply with the requirements of Schedule 4 of The PRotection of Freedoms Act 2012
As the keeper, even if there was compliance with POFA, and there was not, then the liability is limited to £100, the the amount of the original notice to keeper.
The interest claimed is incorrectly applied as from the the date of the alleged breach by the driver rather that the date 28 days later when the the alleged debt became due for payment.
Because of the errors the defendant doubts the veracity of the claim

[winston00]

Hey Ostell , Sorry this is a new claim from countrywide parking. This is my parking ticket, the previous thread was a friends claim, still wainting for a response from that. sorry for the confusion

[ostell]

Can you start a new thread please to save the confusion !!!! It gets annoying