PPC court action - hypothetical question?

goosander

OK, so I know that you are extremely unlikley to be taken to court by a PPC because they are unlikely to be able to prove who the driver was but supposing they did start court procedings against a registered keeper:

If you didn't defend the court action, I assume they would win by default, so you would have to attend court. If you attend court, surely they could ask you whether or not you were the driver, and if so you would have to admit to it (or risk being prosecuted for perjury), in which case they may well win.

If they won, presumeably they would be entitled to costs, in which case what would be stopping them from claiming inflated costs to cover the 'penalty charge' they seek?

Oopsadaisy

goosander wrote: »

OK, so I know that you are extremely unlikley to be taken to court by a PPC because they are unlikely to be able to prove who the driver was but supposing they did start court procedings against a registered keeper:

If you didn't defend the court action, I assume they would win by default, so you would have to attend court. If you attend court, surely they could ask you whether or not you were the driver, and if so you would have to admit to it (or risk being prosecuted for perjury), in which case they may well win.

If they won, presumeably they would be entitled to costs, in which case what would be stopping them from claiming inflated costs to cover the 'penalty charge' they seek?

1. It would be small claims track - so no costs are recoverable.

2. You don't have to answer any question you choose not to....it's a civil case not a criminal one.

goosander

Thanks - didn't realise that you are not compelled to answer any questions in a civil case.

Follow on question: Could they choose to go through the normal court rather than the small claims court, in which case costs would be payable. If you choose not to answer a question in a civil case, I presume the court may draw the conclusion that you are 'guilty', given that the burden of proof is much lower for civil cases.

Coblcris

Do not lie in court.

Small Claims are on the balance of probabilities, not to the criminal standard of proof.

Facts are decided then the law is applied so a hypothetical question of this very general nature does not lend itself to a simple answer.

A cogent and effective defence is readily achievable.

I should state for the reader that a very small number of this invoices are enforceable but it is a very small number indeed as the well knows bars to a successful claim apply to the vast majority.

ellie3_2

hi,

this is happening to me at the moment. i am being taken to small claims court for my private parking ticket and I was not driving. see my thread on here "help private parking ticket going to court" and also on pepipoo. people have given quite a lot of good advice. I would tell you to not reply to anything the company send you unless it is county court papers from northampton.

I replied stating I was not the driver but they just ignored that and kept hounding me now I have got a court date. I know people who just ignored and nothing further has happened to them. the best advice is to ignore everything (but keep all correspondence just in case)

peter_the_piper

Don't forget that in the unlikely event of receiving ""court papers"" always check with Northampton if they are valid, its not unknown for OPC to send false papers as a part of their threat process.(Yes it is illegal and the judiciary are looking into it)

AlexisV

Ellie's case was dropped by OPC today.

Surprise surprise.