I think the original notice was probably in time
If this (https://imgbox.com/gJup7tKm) is the original notice, it is not in time at all.
That you weren't the driver puts you in a strong position. So, with regards to formulating your defence, take a look around the forum at some others and you'll get a sense of structure but, it is essentially a short series of statements that deals with each of the claimant's allegations, stating whether the defendant accepts, denies or cannot admit/deny each of them.
As an example of how you might approach some of their claim form:
1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
2. It is denied that the Defendant was the driver of the vehicle. As the Defendant was not driving the vehicle, it follows that he cannot be liable as the driver.
3. It is admitted that the Defendant was the registered keeper of the vehicle, but liability pursuant to Schedule 4 of the Protection of Freedoms Act (PoFA) is denied. The Claimant failed to deliver a Notice to Keeper compliant with the provisions of PoFA, namely failing to deliver said notice within the relevant period of 14 days beginning with the day after that on which the specified period of parking ended, as defined by paragraph 9(5) of the act. The period of parking ended on 25th August 2024. The Claimant issued a notice by post on 8th August 2024. Under paragraph 9(6) of PoFA, a. notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales. This notice was therefore given on Monday 12th August 2024, this being 18 days after that on which the specified period of parking ended. As the Claimant has failed to issue a notice compliant with the requirements of PoFA, it is denied that the Defendant is liable as the registered keeper.
Respond as follows:
Moorside Legal
Jade Building
Albion Mills
Albion Road
Greengates
BD10 9TQ
By email to: help@moorsidelegal.co.uk
[Date]
Dear Sirs,
Re: Letter of Claim dated 20th January 2025
I refer to your Letter of Claim.
I confirm that my address for service at this time is as follows, and I request that any outdated address be erased from your records to ensure compliance with data protection obligations:
[YOUR ADDRESS]
Please note that the alleged debt is disputed, and any court proceedings will be robustly defended.
I note that the sum claimed has been increased by an excessive and unjustifiable amount, which appears contrary to the principles established by the Government, who described such practices as “extorting money from motorists.” Please refrain from sending boilerplate responses or justifications regarding this issue.
Under the Pre-Action Protocol for Debt Claims, I require specific answers to the following questions:
1. Does the additional £70 represent what you describe as a “Debt Recovery” fee? If so, is this figure net of or inclusive of VAT? If inclusive, I trust you will explain why I, as the alleged debtor, am being asked to cover your client’s VAT liability.
2. Regarding the principal sum of the alleged Parking Charge Notice (PCN): Is this being claimed as damages for breach of contract, or will it be pleaded as consideration for a purported parking contract?
I would caution you against simply dismissing these questions with vague or boilerplate responses, as I am fully aware of the implications. By claiming that PCNs are exempt from VAT while simultaneously inflating the debt recovery element, your client – with your assistance – appears to be evading VAT obligations due to HMRC. Such mendacious conduct raises serious questions about the legality and ethics of your practices.
I strongly advise your client to cease and desist. Should this matter proceed to court, you can be assured that these issues will be brought to the court’s attention, alongside a robust defence and potentially a counterclaim for unreasonable conduct.
Yours faithfully,
[YOUR NAME]
Save as a PDF file and attach to an email addressed to help@moorsidelegal.co.uk and also CC in yourself.