CEL ANPR PCN Claimform - Overstay - Portwood Court in Stockport ***Claim Discontinued***

[Mrs O'Frog]

Not recorded. Send it first class and ask for a free certificate of posting. Some dodgy PPCs have been known to refuse recorded delivery letters so all you have is proof that they didn't get it.

Edited August 13, 2019 by Mrs O'Frog

[Mrs O'Frog]

Well post what you plan to submit here first. Don't leave that until Friday morning.

[Mrs O'Frog]

Don't forget they fail to create any keeper liability - POFA fails.

 

Re lack of contract with land owner & planning consent, add in that they have ignored your CPR request.

 

Council aren't getting involved because most of them don't understand the regs. However, if some public spirited person were to point it out to them, somebody might sniff the chance to make a name for themselves and get a nice promotion.

[Mrs O'Frog]

I didn't say "prove" keeper liability did I? CREATE - please read CAREFULLY and understand - what do you think POFA fails means? You start guessing and paraphrasing then you'll wind up talking out of your rusty sheriff's badge on the day. The judge will only humour you for so long (if they're in a good mood) if you're misquoting and making arguments that lead nowhere, before dismissing your waffle and asking if you have any relevant points.

 

Here's some homework for tomorrow: http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

 

I'll be asking questions later and you'll get detention if you don't know your stuff!

 

 

[Mrs O'Frog]

and thankfully your appeal was general enough that it didn't out you as the driver - but all those attempted phone calls could have been disastrous if they had answered!

 

It's your vehicle, but "the driver parked", "the driver did" (or didn't) "do x,y,z". Never "I was delayed in the shop" or "I didn't see the sign".

[Mrs O'Frog]

Read post 23 again. No, it's not your only bullet in the gun, but it's a good one. You get all the other spare ammo lined up as "In the alternative..."s.

 

In their POC they don't even say in what capacity they are suing you - as driver or as keeper? You have received the claim as registered keeper yet they have not complied with POFA 2012 in order to create keeper liability. They have established no cause for action against you and therefore have accessed your details from DVLA in breach of GDPR (but that bit's for another day).

 

The judge could ask you if you were driving, but is only likely to do so if you come across as vague and a bit dodgy. Like the guy who says "my wife is insured to drive too and they can't prove which one of us it was". That'll wind the judge up and even though it's not up to them to do CEL's job they may well ask in a case like that. You're not going to be vague, you'll be stating that you have received the claim as registered keeper, but as they have failed to comply with POFA 2012 there can be no keeper liability. You may need to explain the requirements of POFA 2012 to the judge and point out CEL's failures and the fact that "nearly" is not good enough - but all of that will be in your ws and in court.

 

 

[Mrs O'Frog]

Have you found anything about the "unicorn food tax" yet as EB likes to call it? That's the magical sums that CEL add to their claims. Now what gives them the right in law to add these sums and according to POFA what is the maximum amount they can claim from the REGISTERED KEEPER?

 

They don't like to stand up in front of a judge and admit that they were trying to claim for things they're not allowed to, so as dx says, CEL usually run away and hide once it looks like you're prepared to stand up to them. That's why the snotty letter at the LBC would have been the best option, but we can't turn the clock back now.

 

Oh - and just forget about the phone calls. Irrelevant twaddle. Where is the law that says their debt collectors must answer the telephone?

Edited August 29, 2019 by Mrs O'Frog

[Mrs O'Frog]

9 hours ago, Mrs O'Frog said:

Oh - and just forget about the phone calls. Irrelevant twaddle.

I say again

[Mrs O'Frog]

I've been away, just got back to a computer and see "prove" has wormed its way back into your defence. Well it's gone now, so nothing to do other than sit back and wait.

[Mrs O'Frog]

No, but you've just given CEL a sign of hope. If they think you're a muppet they might just press ahead. Better start working on your WS - it'll be months away, but you'll need to learn your lines.

[Mrs O'Frog]

Keep watching on MCOL.

 

You'll see defence sent to them.

Next step is directions questionnaire.

 

CEL will send theirs back to the court and sometimes a copy to you.

Court will send one to you.

 

You fill it in and send it back (this is your chance to give them unavailable dates and request your local court).

 

At this point MCOL stops working.

Local court sets date and tells you what each party has to do by when.

This is usually witness statement & evidence bundle exchange 14 days before court date.

 

There are a few places that they can drop out.

They may not return the DQ,

they may not send a WS,

they may not turn up.

 

If your defence has encouraged them to proceed, as long as your witness statement is a lot better, they may well just no-show on the day which leaves you holding all the cards.

[Mrs O'Frog]

Sadly people don't always come back and let us know. Quite often they get the advice then disappear. Keeping us updated helps everyone else because then if a PPC is changing tack we get to be able to alter our advice to keep pace with them.

[Mrs O'Frog]

True HB, but unfortunately that's missing quite a few.