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UKCPS forced to drop case!!!! Woo hoo
excelfighter
Posts: 14 Forumite
Peter Hasbeen was due in Lincoln County Court on the 28th of June which was his 60th Birthday!!!
He was taking someone to court who said in his defence statement was not the driver.
The RK had only just found out who the driver was within the last two weeks
I therefore took up this persons case and decided to have a chat with ol' Hasbeen and advised him of such.
He wanted to know who the driver was and wondered if the said driver was going to pay.
The driver said he would sign a statement advising he was the driver and would thus pay.
The court has now vacated the case and i have copies of the letters from Haswell so he knows who the driver was and copy of letter advising the RK. He has advised the driver if he doesn't get payment by the beginning of July.
However and heres the crux of the matter what Hasbeen doesn't know (But will do when he reads this) is that at the time of the driving the car and also at the time of signing the statement is that the driver was 17....
After a quick chat with a solicitor he has confirmed A minor cannot own a legal estate in land/property nor be a tenant; a minor's obligations are unenforceable other than what's called a "contract for necessaries".
I therefore informed the driver of this and he therefore wont be paying
This means that YOU MR HASWELL have lost and you are stuffed!!
So please try to take the driver to the County Court. Please do issue an MCOL, will simply be a case of providing a copy of passport/Birth Certificate to the court
Ok this is a different approach but the owner really didn't want the hassle of appearing in court
He was taking someone to court who said in his defence statement was not the driver.
The RK had only just found out who the driver was within the last two weeks
I therefore took up this persons case and decided to have a chat with ol' Hasbeen and advised him of such.
He wanted to know who the driver was and wondered if the said driver was going to pay.
The driver said he would sign a statement advising he was the driver and would thus pay.
The court has now vacated the case and i have copies of the letters from Haswell so he knows who the driver was and copy of letter advising the RK. He has advised the driver if he doesn't get payment by the beginning of July.
However and heres the crux of the matter what Hasbeen doesn't know (But will do when he reads this) is that at the time of the driving the car and also at the time of signing the statement is that the driver was 17....
After a quick chat with a solicitor he has confirmed A minor cannot own a legal estate in land/property nor be a tenant; a minor's obligations are unenforceable other than what's called a "contract for necessaries".
I therefore informed the driver of this and he therefore wont be paying
This means that YOU MR HASWELL have lost and you are stuffed!!
So please try to take the driver to the County Court. Please do issue an MCOL, will simply be a case of providing a copy of passport/Birth Certificate to the court
Ok this is a different approach but the owner really didn't want the hassle of appearing in court
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Comments
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Ps can someone post this over on to CAG and Pepipoo please0
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A most exceptional case and a bit of a technicality. But then, the PPCs count their default judgements.The acquisition of wealth is no longer the driving force in my life.0
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Regardless of who the driver was, wouldn't the charge be a penalty and therefore be un enforcable anyway?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
There is always this. Which is presumably why the PPCs always try the "contract law" argument.The acquisition of wealth is no longer the driving force in my life.0
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And the VCS v HMRC, does this also apply? Did UKCPS own the land on which the ticket was issued in respect of?Je Suis Cecil.0
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excelfighter wrote: »... Ok this is a different approach but the owner really didn't want the hassle of appearing in court
This is all well and good, but the argument should have been that, as UKCPS have no propietary interest in the land, they cannot lawfully make contracts with anyone, irrespective of age.
This follows on from the binding ruling in VCS v HMRC, and should now be used in all defences against PPC Court Claims.
Once they've had a few more thrown out on this same ruling, they'll have to give up doing court altogether.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0
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