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  • waamo
    waamo Posts: 10,298
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    Cbella38 wrote: »
    Well the driver was involved when they wrote to the parking company to explain situation

    The driver didn't know they was doing wrong

    They thought the company would understand bearing in mind of the law about the 10 min grace period and fact was a ticket was brought.

    The driver wants to help the KEEPER as KEEPER doesn't want court proceedings

    Can you clarify this please so no misunderstandings occur. Who has written to the PPC? Essentially the important question is has the driver been named at any point?

    If the drivers details have been provided keeper liability doesn't exist.
  • Cbella38
    Cbella38 Posts: 91 Forumite
    The driver wrote to the parking company as they didn't know about this site and keeper was worried now driver knows it was not a good decision replying back.

    So advice is needed on what to do next now court papers have arrived .
  • Cbella38
    Cbella38 Posts: 91 Forumite
    Yes court papers from Northampton and no gladstones are the solicitors
  • waamo
    waamo Posts: 10,298
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    Did the driver provide their name and address?

    A parking company can only hold the keeper liable if they don't know the drivers details. It's sounding like they may have been given those details. If they have they are suing the wrong person.
  • Cbella38
    Cbella38 Posts: 91 Forumite
    They know they drivers name yes as the driver wrote back to the company explaining why they were 4 MINUTES late back to the car. The keeper was not using the car at the time the named driver was.
  • waamo
    waamo Posts: 10,298
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    Can you find out if the drivers address was given too? It's normal to provide contact details when you write.
  • Cbella38
    Cbella38 Posts: 91 Forumite
    Yes drivers address was given
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    Cbella38 wrote: »
    They know they drivers name yes as the driver wrote back to the company explaining why they were 4 MINUTES late back to the car. The keeper was not using the car at the time the named driver was.
    OK so start by reading the NEWBIES thread near the top of the forum.

    All your questions are answered by bargepole in his posts I have linked in that sticky thread, under the heading 'Small Claim?'. One thread of bargepole's linked there is dedicated to explaining the paperwork processes and what to fill in each document and who to send it to and by when.

    Then - after the named defendant has acknowledged the claim on MCOL (see NEWBIES thread for acronyms too) which extends the defence time to 28 days instead of 14 - search the forum for 'Gladstones defence' and read maybe twenty threads with examples of defences. Pretty generic, you will be able to crib from them then show us the defendant's draft defence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Cbella38
    Cbella38 Posts: 91 Forumite
    Let me get this clear before the paper work is sent back to the courts.

    Even though the defendant was not the driver on the acknowledgement of service we just tick the box ' I intend to defend all of this claim '? Does how's say in a box of the defendants name is different for what's on claim form , should the driver not put their details in that box .?

    Have the MP onto this as KEEPER and DRIVER was under the impression that the notice was served due to being late but when reading the letter again the MP picked up that in fact their issue is not displaying a valid ticket.
    The photos that were taken of the car clearly show a ticket on the dashboard and it just so happens the ticket used on that day was found in the car on Friday whilst being cleaned out.

    Ticket brought at 15.56 expired at 16.56, photo of car was taken at 16.57 .driver got back to the car at just after 17.00 so to what MP could see there was a ticket in the window so is writing to the company herself as she thinks it's utterly ridiculous.
  • safarmuk
    safarmuk Posts: 648 Forumite
    "Bumping" CBella's original thread as she is looking for an answer to the above and started a new thread mistakenly.
This discussion has been closed.
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