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#Post#: 126046--------------------------------------------------
Re: Issued with a ticket (NTK) for being parked in a retail park
DIR By: jfollows
Date: July 28, 2026, 9:35 am
---------------------------------------------------------
Thank you, I found it. So another appeal point should be that
--- Quote ---
> Driver left site designated for customer parking only
--- End Quote ---
is verbal diarrhea and meaningless, although it shouldn't be
the primary appeal point.
#Post#: 126134--------------------------------------------------
Re: Issued with a ticket (NTK) for being parked in a retail park
DIR By: DontStandForNonsense
Date: July 29, 2026, 1:20 am
---------------------------------------------------------
Thank you.
I'm guessing that the ball is currently in my court and that
they are waiting on my to respond with my defense?
How and at what point should I be sharing the points? And will
the photos taken in store and dialogue relating to the stores
products time stamped through whatsapp be used or are they not
relevant to the defense?
#Post#: 126135--------------------------------------------------
Re: Issued with a ticket (NTK) for being parked in a retail park
DIR By: DontStandForNonsense
Date: July 29, 2026, 1:23 am
---------------------------------------------------------
How can I modify an earlier comment that is no longer showing
the modify option?
#Post#: 126137--------------------------------------------------
Re: Issued with a ticket (NTK) for being parked in a retail park
DIR By: InterCity125
Date: July 29, 2026, 1:38 am
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You cannot.
#Post#: 126139--------------------------------------------------
Re: Issued with a ticket (NTK) for being parked in a retail park
DIR By: jfollows
Date: July 29, 2026, 2:08 am
---------------------------------------------------------
--- Quote from: DontStandForNonsense link ---
>
> Thank you.
>
> I'm guessing that the ball is currently in my court and that
they are waiting on my to respond with my defense?
>
--- End Quote ---
--- Quote ---
> If you received a N1SDT claim form dated 15 July then you can
file AoS by 3 August followed by defence by 17 August.
--- End Quote ---
#Post#: 126147--------------------------------------------------
Re: Issued with a ticket (NTK) for being parked in a retail park
DIR By: jfollows
Date: July 29, 2026, 3:48 am
---------------------------------------------------------
--- Quote from: DontStandForNonsense link ---
>
> How and at what point should I be sharing the points? And will
the photos taken in store and dialogue relating to the stores
products time stamped through whatsapp be used or are they not
relevant to the defense?
>
--- End Quote ---
Your defence will be a written statement, logical simple and
clear.
Your original appeal was on the basis of non-compliance with
PoFA 2012, so your defence should lead with this and amplify
exactly what requirement(s) of the legislation were
missed/failed and why.
Personally I would also argue against the meaningless "charge"
on the NtK and repeated in the Particulars of Claim.
If this ever gets to court, you will provide a witness statement
which would include the other things you mention.
Also note that, in our experience, Moorside Legal is
exceptionally incompetent, so you should not assume that they
know what they're doing or talking about.
If you post a draft defence here you will likely get comments
and suggestions on it. This thread and other information on the
forum should give you a good starting point for this.
#Post#: 126323--------------------------------------------------
Re: Issued with a ticket (NTK) for being parked in a retail park
DIR By: DontStandForNonsense
Date: July 30, 2026, 11:48 am
---------------------------------------------------------
--- Quote from: jfollows link ---
>
> [quote author=DontStandForNonsense
link=topic=9044.msg126134#msg126134 date=1785306039]
> How and at what point should I be sharing the points? And will
the photos taken in store and dialogue relating to the stores
products time stamped through whatsapp be used or are they not
relevant to the defense?
>
--- End Quote ---
Your defence will be a written statement, logical simple and
clear.
Your original appeal was on the basis of non-compliance with
PoFA 2012, so your defence should lead with this and amplify
exactly what requirement(s) of the legislation were
missed/failed and why.
Personally I would also argue against the meaningless "charge"
on the NtK and repeated in the Particulars of Claim.
If this ever gets to court, you will provide a witness statement
which would include the other things you mention.
Also note that, in our experience, Moorside Legal is
exceptionally incompetent, so you should not assume that they
know what they're doing or talking about.
If you post a draft defence here you will likely get comments
and suggestions on it. This thread and other information on the
forum should give you a good starting point for this.
[/quote]
Sorry are you saying that the defense should lead with the
defect alluded to by B789 post "As your Notice to Keeper (NtK)
does not fully comply with ALL the requirements of PoFA 2012,
you are unable to hold the keeper of the vehicle liable for the
charge." Do I need to specify how their NTK doesn't comply or is
it simply enough to repeat what was said in the original appeal
by keeping it general?
#Post#: 126389--------------------------------------------------
Re: Issued with a ticket (NTK) for being parked in a retail park
DIR By: DontStandForNonsense
Date: July 31, 2026, 7:21 am
---------------------------------------------------------
I would instinctively say that no evidence has been provided
that the driver was not a customer or that the driver left the
site or am I to repeat the line from the appeal "As your Notice
to Keeper (NtK) does not fully comply with ALL the requirements
of PoFA 2012, you are unable to hold the keeper of the vehicle
liable for the charge. Partial or even substantial compliance is
not sufficient. There will be no admission as to who was driving
and no inference or assumptions can be drawn. UKPC has relied on
contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency"
Unsure of what a defense should be.
#Post#: 126478--------------------------------------------------
Re: Issued with a ticket (NTK) for being parked in a retail park
DIR By: DontStandForNonsense
Date: August 1, 2026, 8:32 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Before you continue with this, get it into your head that you
must NEVER, EVER identify the driver. You have clearly done so
to us, maybe inadvertently, but if you respond to the PCN like
that, you will have blabbed the drivers identity and thrown away
one of the best defences you will ever have for these charges!
>
> UKPC have NO IDEA who the driver is unless you blab it to
them. Because of deficiencies in their Notice to Keeper (NtK)
they cannot rely on PoFA 2012 to transfer the liability from the
unknown driver to the known Keeper. The driver is always liable
and unless you, as the Keeper, refer to the driver in the third
person, you will have shot yourself in both feet with a single
shot! You never say silly things like "I did this or that", only
"the driver did this or that". Don't tell 'em your name Pike!
>
> So, to the PCN itself... what evidence have they provided to
support their allegation that "driver left site designated for
customer parking"? I'll bet you that they have not provided ANY
evidence to support their allegation. Also, their NtK is not
fully compliant with ALL the requirements of PoFA to be able to
hold the Keeper liable if the driver is not identified.
>
> There is no legal obligation on the known keeper to reveal the
identity of the unknown driver to an unregulated private parking
firm and no inference or assumptions can be made.
>
> The NtK is not compliant with all the requirements of PoFA
which means that if the unknown driver is not identified, they
cannot transfer liability for the charge from the unknown driver
to the known keeper.
>
> Use the following as your appeal. No need to embellish or
remove anything from it:
>
> [quote]I am the keeper of the vehicle and I dispute your
'parking charge'. I deny any liability or contractual agreement
and I will be making a complaint about your predatory conduct to
your client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. UKPC has relied on contract law allegations of
breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
UKPC have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
Come back the they reject the appeal and give you a POPLA code.
No initial appeal is ever successful because there is no money
in it for them if they accept.
[/quote]
Hiya,
Do I repeat this in the court form or do I need to know the
specific POFA defects?
#Post#: 126481--------------------------------------------------
Re: Issued with a ticket (NTK) for being parked in a retail park
DIR By: DontStandForNonsense
Date: August 1, 2026, 8:57 am
---------------------------------------------------------
--- Quote from: jfollows link ---
>
> [quote author=DontStandForNonsense
link=topic=9044.msg126134#msg126134 date=1785306039]
> How and at what point should I be sharing the points? And will
the photos taken in store and dialogue relating to the stores
products time stamped through whatsapp be used or are they not
relevant to the defense?
>
--- End Quote ---
Your defence will be a written statement, logical simple and
clear.
Your original appeal was on the basis of non-compliance with
PoFA 2012, so your defence should lead with this and amplify
exactly what requirement(s) of the legislation were
missed/failed and why.
Personally I would also argue against the meaningless "charge"
on the NtK and repeated in the Particulars of Claim.
If this ever gets to court, you will provide a witness statement
which would include the other things you mention.
Also note that, in our experience, Moorside Legal is
exceptionally incompetent, so you should not assume that they
know what they're doing or talking about.
If you post a draft defence here you will likely get comments
and suggestions on it. This thread and other information on the
forum should give you a good starting point for this.
[/quote]
Do you know exactly how the NTK was non compliant with the PoFA?
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