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  • FIRST POST
    • crazynana
    • By crazynana 17th Dec 16, 8:59 PM
    • 20Posts
    • 5Thanks
    crazynana
    nameing a driver
    • #1
    • 17th Dec 16, 8:59 PM
    nameing a driver 17th Dec 16 at 8:59 PM
    HI this is my first post could anyone tell me have got a parking fine which happened 2 years ago now it is going to court i was not the driver ,but can i name the driver now or is it to late
Page 1
    • The Slithy Tove
    • By The Slithy Tove 17th Dec 16, 9:35 PM
    • 3,198 Posts
    • 4,607 Thanks
    The Slithy Tove
    • #2
    • 17th Dec 16, 9:35 PM
    • #2
    • 17th Dec 16, 9:35 PM
    IF you have genuinely got a real claim from the court, then it's too late. If you have just threats of court action, it is not. Some more details would help, including dates/places/PPC/sequence of events/what exactly you have received.

    Also make yourself familiar with the contents of the NEWBIES sticky thread.
    • Coupon-mad
    • By Coupon-mad 17th Dec 16, 11:59 PM
    • 48,196 Posts
    • 61,669 Thanks
    Coupon-mad
    • #3
    • 17th Dec 16, 11:59 PM
    • #3
    • 17th Dec 16, 11:59 PM
    HI this is my first post could anyone tell me have got a parking fine which happened 2 years ago now it is going to court i was not the driver ,but can i name the driver now or is it to late
    Originally posted by crazynana
    Is it already at court claim from Northampton stage? If so, no - it would now be too late to even think about naming the driver but certainly the fact the keeper wasn't driving can be an ace card in the defence.

    The defendant named on the claim form can acknowledge and submit a defence with our help though. This year I can count on one hand the hearings lost after a defence was provided here and only v UKPC I think (most UKPC ones were won though). No others - Gladstones ones and BW Legal ones were defended and mostly discontinued before a hearing, none lost.

    Which PPC?

    Is it about a residential flat/house home car park? If not then where?

    If it is only at letters or LBC stage then it is not too late to name the driver but in most cases we would NOT recommend it because the keeper often has the strongest defence position. A driver has less defence in most cases but which PPC?
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • The Deep
    • By The Deep 18th Dec 16, 8:43 AM
    • 6,680 Posts
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    The Deep
    • #4
    • 18th Dec 16, 8:43 AM
    • #4
    • 18th Dec 16, 8:43 AM
    If they are relying on Elliott6 v Loake, read this.


    http://parking-prankster.blogspot.co.uk/2016/10/excel-parking-youve-been-gladstoned.html


    If it is residential parking, read this


    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html
    You never know how far you can go until you go too far.
    • hoohoo
    • By hoohoo 18th Dec 16, 9:37 AM
    • 1,670 Posts
    • 3,089 Thanks
    hoohoo
    • #5
    • 18th Dec 16, 9:37 AM
    • #5
    • 18th Dec 16, 9:37 AM
    If it is an Excel/VCS case they dont use keeper liability anyway. So no, it is not too late to name the driver.

    It is only too late to name the driver if they are using POFA 2012 sch 4 to establish keeper liability. Excel/VCS do not do this. Other companies do. More details needed.
    Dedicated to driving up standards in parking
    • Half_way
    • By Half_way 18th Dec 16, 10:03 AM
    • 3,653 Posts
    • 5,178 Thanks
    Half_way
    • #6
    • 18th Dec 16, 10:03 AM
    • #6
    • 18th Dec 16, 10:03 AM
    HI this is my first post could anyone tell me have got a parking fine which happened 2 years ago now it is going to court i was not the driver ,but can i name the driver now or is it to late
    Originally posted by crazynana
    Judging by your opening post you have much to learn, otherwise you will lose.
    You also have failed to post enough information to get any help, do you know the difference between parking charge notice and a fine or penalty? just what have you got?

    Name of parking company?
    Car park and type of car park the ticket was issued in?
    envelope on windscreen or camera/photograph (ANPR)
    Reason for getting the parking ticket in the first place? - no permit, overstay, outside of bay? your car is red and you parked in a bay for magenta cars?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • crazynana
    • By crazynana 18th Dec 16, 7:00 PM
    • 20 Posts
    • 5 Thanks
    crazynana
    • #7
    • 18th Dec 16, 7:00 PM
    • #7
    • 18th Dec 16, 7:00 PM
    Thanks for replies it is at the stage that I have a claim pack from county court business centre and have been online that I want to defend it I can prove that I was not the driver as I was 300 miles away .this is the only letter I have received I know who the driver was the company is excel along with bw legal
    • crazynana
    • By crazynana 18th Dec 16, 7:04 PM
    • 20 Posts
    • 5 Thanks
    crazynana
    • #8
    • 18th Dec 16, 7:04 PM
    • #8
    • 18th Dec 16, 7:04 PM
    The car park was middlesbrough leisure centre and he was parked in a disable bay and he does have a blue badge and it was 20,03 at night outside cinerworld
    • crazynana
    • By crazynana 18th Dec 16, 7:07 PM
    • 20 Posts
    • 5 Thanks
    crazynana
    • #9
    • 18th Dec 16, 7:07 PM
    • #9
    • 18th Dec 16, 7:07 PM
    It is a pcn noticeand the date june 2014
    • yotmon
    • By yotmon 18th Dec 16, 9:21 PM
    • 457 Posts
    • 645 Thanks
    yotmon
    Have excel/bwl mentioned in their papers that they are relying on 'keeper liability' or do they say otherwise ?

    If they aren't, then you need to gather your evidence to firmly prove that you were not there and couldn't have been the driver on the day.

    Forget who was driving, just concentrate on gathering your evidence that will show you 300 miles away at the time/date of the contravention. Maybe signed statements from reliable witnesses that can place you elsewhere, hotel reservations, shopping/petrol receipts, phone records, plus anything else that can distance you from the scene.
    Last edited by yotmon; 18-12-2016 at 9:53 PM.
    • Coupon-mad
    • By Coupon-mad 18th Dec 16, 10:34 PM
    • 48,196 Posts
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    Coupon-mad
    The car park was middlesbrough leisure centre and he was parked in a disable bay and he does have a blue badge and it was 20,03 at night outside cinerworld
    Originally posted by crazynana
    OK so start by looking at other BW Legal defences as linked in the NEWBIES thread.

    In your defence at the start, say you are the keeper but were not driving and can prove it, so there is no prospect of success in this claim, no keeper liability applies and even if the Claimant thinks they can presume the keeper was driving, they are wrong and have no cause of action.

    Also have a line stating that the driver is a disabled blue badge holder and this will be proved at a hearing if necessary but the identity of the driver will not be divulged, since a keeper has the right to defend and has no obligation to name a driver, as regards private parking charges.

    Then continue with the usual stuff you see in other BW Legal defences, as linked in the NEWBIES thread under 'Small Claim?' and others you can find for yourself by simply searching this board for 'BW Legal defence'. there are dozens!

    As a keeper who was not driving, as long as you follow our advice and concentrate on what to do and by when, you should win or see the claim discontinued. You do not have to produce evidence yet, just a defence, but you should gather your proof of being elsewhere.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • crazynana
    • By crazynana 20th Dec 16, 10:47 PM
    • 20 Posts
    • 5 Thanks
    crazynana
    update rang the court to make sure they have my forms back they said no so did it on line then I receive papers back saying I had not signed so signed them and sent them back can not get back into the online mcol so hope these papers get there also got a letter telling me I will be getting a county court judgment have already got it but they have changed they fees it is now amount claimed £172.court £25,00.legal fess£50.00 interest 18.38
    • Coupon-mad
    • By Coupon-mad 20th Dec 16, 11:23 PM
    • 48,196 Posts
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    Coupon-mad
    What papers? I thought you had merely acknowledged, not defended it yet? You have not shown us your draft defence so I hope you've ONLY done the acknowledgement of service, nothing else?

    Not randomly filled in forms about your income/outgoings, not written anything in the defence box?

    You didn't defend just with this did you:
    have been online that I want to defend it I can prove that I was not the driver as I was 300 miles away.
    Please tell us that's not the sum total of your defence?


    also got a letter telling me I will be getting a county court judgment have already got it but they have changed they fees it is now amount claimed £172.court £25,00.legal fess£50.00 interest 18.38
    What do you mean?

    Please show us that letter. Take a scan or photo and host it in tinypic or in Dropbox or something, and then CHANGE the 'http' to 'hxxp'.

    Repeat, change the http to hxxp in your link to your letter, we want to see it, don't reply saying you can't add a link...
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • crazynana
    • By crazynana 17th Mar 17, 3:07 PM
    • 20 Posts
    • 5 Thanks
    crazynana
    just a update the court has sent me a letter with case discontinue does this mean case closed
    • Coupon-mad
    • By Coupon-mad 17th Mar 17, 3:08 PM
    • 48,196 Posts
    • 61,669 Thanks
    Coupon-mad
    just a update the court has sent me a letter with case discontinue does this mean case closed
    Originally posted by crazynana
    Woohoo! YES!

    What happened in between?

    Well done!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • DoaM
    • By DoaM 17th Mar 17, 3:26 PM
    • 2,743 Posts
    • 2,761 Thanks
    DoaM
    Is the letter actually from the court? (Some parking companies are known to tell the defendant that a claim has been cancelled, but it actually hasn't. They turn up, the defendant doesn't and they get a default win).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • crazynana
    • By crazynana 17th Mar 17, 3:30 PM
    • 20 Posts
    • 5 Thanks
    crazynana
    well spent a lot of time on this site and filled in all the forms like the directions questionnaire I did phone them but they would not listen to me so I just carried on with my defence which was just I was not the driver I was elsewhere with proof I could not comment on any thing else has I had never been in the place they said the offence took place they still contined with the claim and it was allocated to my local court for march I sent all my forms back to my court a week early and theirs I had not received anything form them so I put a letter in for the judge to read then a week before case got the letters of discontinue was going to phone the court but you have answer my question thankyou
    • crazynana
    • By crazynana 17th Mar 17, 3:32 PM
    • 20 Posts
    • 5 Thanks
    crazynana
    yes letter from court and bw
    • crazynana
    • By crazynana 17th Mar 17, 3:40 PM
    • 20 Posts
    • 5 Thanks
    crazynana
    do you think I should ring the court just to make sure
    • Fruitcake
    • By Fruitcake 17th Mar 17, 4:08 PM
    • 39,707 Posts
    • 79,472 Thanks
    Fruitcake
    do you think I should ring the court just to make sure
    Originally posted by crazynana
    Yes, it will put your mind at rest.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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