Parking firm is member of IPC. What's procedure?

Redx

nb:- this person had a similar identity crisis as it was his elderly mother that all the paperwork went to , dont make the same mistakes , but look at what he did , how , and why , especially as its from this year (2016)

it took a while to realise it wasnt in his name at all , the paperwork was all in his mothers name , like yours is

https://forums.moneysavingexpert.com/discussion/5409435

also this 2016 court thread may help your mother too (and therefore you as well)

https://forums.moneysavingexpert.com/discussion/5407858

this thread you posted in is being dealt with by a third party too , so not the keeper and in this case not the driver either

https://forums.moneysavingexpert.com/discussion/5505546

but that person still has to acknowledge the fact that the person named on the NTK and the court documents is the person who ultimately has to be responsible and sign the docs , turn up in court etc , even if helped by a lay representative

you are no different in this legal capacity regard , neither is your mum different because she is the one being pursued

DoaM

http://www.bmpa.eu/companydata/Parking_and_Property_Management.html

Looks like the PPC think they've got a doddery old lady they can try and hoodwink, hence why they've started a claim. I can't think of another reason why THIS case would be chosen by the PPC to pursue to court versus any other.

Like as much, once the service is acknowledged with intent to defend then they'll cut their losses and close the claim.

CellinoOut

Much obliged, Redx & DoaM.
Question: Can I successfully defend this WITHOUT a court appearance?
Thanks

pappa_golf

CellinoOut wrote: »

Much obliged, Redx & DoaM.
Question: Can I successfully defend this WITHOUT a court appearance?
Thanks

defend it on paper = no court appearance


successfully defend = NO

Redx

CellinoOut wrote: »

Much obliged, Redx & DoaM.
Question: Can I successfully defend this WITHOUT a court appearance?
Thanks

YOU cannot defend it at all , period , already explained this

you can act as a lay rep on behalf of your mother and help HER to defend it , due to the fact that the claim is in HER name and you have no legal rights to act on her behalf (no Power of Attorney)

in your case , the word I does not come into it because you are not named and have no legal standing

Herzlos

Can you prove that she wasn't the driver? No license, somewhere else at the time, etc? If so, you should be able to make a big deal of this and hope they'll cave.

I'm sure she could attend the court and have you speak for her, or get one of the lay reps from here to help. How will these incompetents look arguing with an 82 year old woman in front of a Judge?

If you really want to avoid her going to court, then she can always name the driver (you) and restart the whole thing, but you lose an important defence point (that there's no keeper liability).

Redx

once the court claim has started I dont think she can name the driver and restart it , sorry to say

I cannot understand why the OP hasnt yet grasped the fact that they are not legally involved , despite all the words typed so far and the links given to similar threads where the OP was deluded into thinking the same fiction

the OP can ask the court to allow him/her to act as lay rep

maybe the BMPA will take it on board if he asks them to do so ? as lay rep ?

CellinoOut

Redx

I'm not a legal party to this dispute. I get it. Honestly.

What I'm trying to find out is whether my mother (who is registered keeper) can successfully defend this action without having to appear in court.

I'm presuming Pappa Golf's post suggests not.

Thanks

DoaM

The case can be heard "on papers" ... i.e. the judge reviews both evidence packs and makes a decision. The problem here is that nuances can be overlooked, that much more relevant details can be given orally than can be processed in writing. Whilst any court case can be a lottery, "on papers" makes it even more so.

Redx

CellinoOut wrote: »

Redx

I'm not a legal party to this dispute. I get it. Honestly.

What I'm trying to find out is whether my mother (who is registered keeper) can successfully defend this action without having to appear in court.

I'm presuming Pappa Golf's post suggests not.

Thanks

it may depend on the claimant agreeing to papers only , if not it may mean going to court regardless

they are much more legally aware then your mum about the paperwork, so she risks tripping herself up , even if you are preparing the papers

I believe she (you) would probably fail on papers only


I did ask you to not mention yourself in replies inferring you are defending the claim , as the defandant (which you are not)

your replies need to be clear as to who is the defendant

can mum do this

can mum write that

can I do blah blah on behalf on my mum (the defendant)

etc

so dont use the word I unless its relevant to you, its that simple

as for court , if you are in say Croydon then if there is a court in or near croydon , that would be the one that your mum will nominate , so local to her