Author Topic: UK Parking Control Limited - Small Claims Track  (Read 223 times)

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Khadz

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Re: UK Parking Control Limited - Small Claims Track
« Reply #30 on: July 09, 2024, 02:29:18 pm »
Is the driver unknown to the operator? What you, an anonymous user on a bulletin board have admitted to or not, is not relevant. If the driver is unknown to the operator and the PCN is not compliant with PoFA to hold the known keeper liable then you simply appeal as the known keeper and refuse to identify the unknown driver, as is your right.

The burden of proof then lies with the operator to show that the person they are pursuing was the driver. Unless the known keeper identifies the unknown driver, unintentionally or otherwise, the operator has no way of proving otherwise.

Yes.

Okay, thank you.

Do I need to cc the Claimant when filling my defence with the court?

b789

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Re: UK Parking Control Limited - Small Claims Track
« Reply #31 on: July 09, 2024, 03:57:30 pm »
You don't have to as the CNBC will forward it. However, you don't know when they will do that. There is no harm in sending a copy to the claimant or their solicitor, if they're using one. You will have to copy them in for any future filing though, such as when you file your N180 DQ and when you submit your WS.

When submitting anything to more than one party, you should use a single email with all the required recipients in the main address field and also CC in yourself. That way, if one party receives it and you don't get any bounce-back error messages, they all received it. As to whether the correct person received it is different matter but the same would apply to something sent by post. You rely on whoever opens the post to make sure that the correct person/department receives the communication.

Your copy is the easy proof of posting although there will be forensic level evidence as proof of posting in the email headers anyway.
« Last Edit: July 09, 2024, 03:59:51 pm by b789 »
Never argue with an idiot. They will drag you down to their level and then beat you with experience. - Mark Twain.

H C Andersen

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Re: UK Parking Control Limited - Small Claims Track
« Reply #32 on: July 09, 2024, 07:08:36 pm »
Para. 5 of the OP's draft:

5. On the day in question, the defendant was taking her disabled mother to a local store. The defendant recalls placing and displaying the disabled persons badge on the vehicle dashboard.

It's not just on this thread that the cat has been let out of the bag, if they submit the above then the whole world would know.

b789

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Re: UK Parking Control Limited - Small Claims Track
« Reply #33 on: July 10, 2024, 01:18:35 am »
The keeper was also the driver. So what? The keeper is not denying they were also the driver.

PoFA 4(5) applies. The claimant cannot claim more than the charge on the original NtK.

Irrespective of anything, this will be discontinued once the defendant refuses to engage with DCB Legal when they try to settle for a reduced amount.
« Last Edit: July 10, 2024, 01:21:16 am by b789 »
Never argue with an idiot. They will drag you down to their level and then beat you with experience. - Mark Twain.