Civil enforcement parking fine: Court papers received

woolymamoth

bluetoffee1878 wrote: »

If as I suspect on the particulars of claim it states that the debt assignment was with the knowledge or consent of the co-op, then I would put something in that point that this is untrue and has been confirmed as untrue by the co-op customer careline.
You could email Deborah Misell-Williams at customer.careline@co-op.coop asking her to confirm in case that it is also true.

Hi bluetoffee yes I have emailed the coop and received a reply saying their response time was about 3 weeks, when I phoned and spoke to someone they said the coop did know about the assignment of debt but not to hold him at his word and he would pass my email to the legal team. So not sure about that hopefully they will get back to me asap but I have also read on other threads emails from Deborah from the coop saying they did not know!

Fingers crossed for a response!

bluetoffee1878

Email them every day until you get a reply, be a thorn in their side. They (co-op) are part of the reason you have found yourself in this situation.

woolymamoth

The_Deep wrote: »

They have chickened again

Fingers crossed they do that with me! The whole thing is hideous do you have any advice on what defence to use please?

jojo01

If you take a look at the Pepipoo forum, Gan has drafted a defence for DEAL claims which you can use (of course, you should amend it as necessary so that it refers to your own situation).

woolymamoth

jojo01 wrote: »

If you take a look at the Pepipoo forum, Gan has drafted a defence for DEAL claims which you can use (of course, you should amend it as necessary so that it refers to your own situation).

Thanks yes I have seen his and theotherone I posted on here but think maybe Gan's is the best

woolymamoth

bluetoffee1878 wrote: »

If as I suspect on the particulars of claim it states that the debt assignment was with the knowledge or consent of the co-op, then I would put something in that point that this is untrue and has been confirmed as untrue by the co-op customer careline.
You could email Deborah Misell-Williams at customer.careline@co-op.coop asking her to confirm in case that it is also true.

Thanks Bluetoffee that link is helpful I will use that letter too I am just filling in my questionnaire there was a few of us on the day in question when I got the ticket should one of those people testify as a witness to say I was not the driver?

Umkomaas

woolymamoth wrote: »

Thanks Bluetoffee that link is helpful I will use that letter too I am just filling in my questionnaire there was a few of us on the day in question when I got the ticket should one of those people testify as a witness to say I was not the driver?

If they are pursuing you as 'the keeper' under PoFA 2012, then it's now irrelevant that you were not the driver at the time.

If they are pursuing you as 'the driver', well that's a different matter and a witness statement would be very useful.

The_Deep

They cannot pursue you as keeper under POFA as it had not been enacted in January 2012, so yes, get as many witness statements as you can. Indeed it may add significantly to their costs if you got the people with you, as many as you can, to attend court as witnesses.

When you win, as you assuredly will if you force them to court by counterclaiming, IIMU that all the witnesses can claim for their loss of earnings and travel expenses. Make sure that they all travel to court in separate taxis.

woolymamoth

Hello all, DEAL have called over the past couple of days to ask if I want to settle out of court.
My answer is of course no but is this a good thing? i mean does it mean they are panicking? Do you think they will turn up in court?
They did not serve me the questionnaire and so I wrote the letter to the court so fingers crossed it will get kicked out?

thanks, im a bit nervous now

Redx

I think you will find they do this all the time, see pranksters blogs etc (plus other threads on here)

turn up in court , they wont , win , claim your costs , end of saga