DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 111628--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: March 1, 2026, 6:58 am
---------------------------------------------------------
Is anyone able to assist with this now I’ve received the claim
from the court? I can post a new thread if needed but I know
that’s frowned on.
Thanks!
#Post#: 111635--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: InterCity125 Date: March 1, 2026, 8:17 am
---------------------------------------------------------
Could you post up the original PCN?
#Post#: 111661--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: March 1, 2026, 11:21 am
---------------------------------------------------------
Here you go - does that mean that you can’t see the original
from my first post?
HTML https://imgbox.com/gJup7tKm
HTML https://imgbox.com/wJ4PFPBc
HTML https://imgbox.com/5KDIDJOF
#Post#: 111754--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: March 2, 2026, 8:47 am
---------------------------------------------------------
Are the original images visible now?
Let me know if not.
#Post#: 111756--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: InterCity125 Date: March 2, 2026, 9:20 am
---------------------------------------------------------
Yes - all visible now.
So the original PCN was out of time for keeper liability.
Can you confirm that the driver's identity was never revealed at
any stage?
#Post#: 111790--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: March 2, 2026, 11:55 am
---------------------------------------------------------
I think the original notice was probably in time, but I didn’t
see it for some time as the letter got accidentally put unopened
into a box of paperwork and I only found it after the time to
appeal.
I’ve had various threatening letters up till now and responded
as per the advice above. As expected I just got template
nonsense replies.
I was advised to wait till the actual claim arrived, which it
now has nearly 2 years down the line. So I think now I need to
reply to that properly and swiftly.
I can confirm I have not at any point revealed or even hinted at
the drivers identity (this forum has taught me well!). I can
also confirm and would testify under oath that the driver was
not me.
I just want to try and make it go away as I’m tired of it now.
Thanks!
#Post#: 111797--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: DWMB2 Date: March 2, 2026, 12:40 pm
---------------------------------------------------------
[quote author=Smartdriver link=topic=4611.msg111790#msg111790
date=1772474148]
I think the original notice was probably in time
[/quote]
If this
HTML 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:
[indent]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.
[/indent]
#Post#: 111799--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: March 2, 2026, 1:03 pm
---------------------------------------------------------
Ok… I hadn’t noticed that.
What about all the other comments above about the claim being
not detailed, the issue re VAT, boiler plate responses and the
like?
Someone said earlier that this will be struck out or
discontinued on that basis even if it was in time? It’s a few
posts back. Let me know if you can’t see anything with the
documents I posted last year.
I’d rather throw everything at them to get them to discontinue.
#Post#: 111802--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: DWMB2 Date: March 2, 2026, 2:05 pm
---------------------------------------------------------
Yes, put anything in that you believe helps your case, my
suggestion above was around how to handle one of their
allegations, it wasn't a full defence.
I'm not sure I would make too much of the sparse particulars of
claim in this case personally - that argument is essentially
saying the particulars are too vague for you to respond
properly. In this case, you are able to respond properly (hence
my suggested words above), and you're able to respond with
strong points.
You can challenge their inclusion of debt collector fees, and
challenge the rate of interest charged (the delay in bringing
proceedings is theirs, not yours).
However, personally I would lead with the PoFA arguments. These
strike at the heart of their claim, and undermine their two
claims as to your liability (1) that you are liable as the
driver and (2) that you are liable as the keeper.
If you can demonstrate you are not liable either as the keeper
or the driver then any points around VAT or their use of
boilerplate becomes irrelevant (that's not to say don't include
them, but it is to say put your strongest point first).
#Post#: 112174--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: March 5, 2026, 9:49 am
---------------------------------------------------------
I've looked through various threads and have got myself a bit
confused about all of this process, as its all very new to me.
Can anyone give a guide to exactly what and how I need to submit
and what the process is, timelines etc (ideally with examples -
I've seen example wording in other posts but I don't know enough
about this to know how similar my case is?
Assume I know nothing about any of it. Over the last couple of
years I've been various lines of attack here and I want to try
to encompass them as best I can
*****************************************************
DIR Previous Page
DIR Next Page