Trethowans Court Claim - Help Appreciated

Redx

pappa_golf wrote: »

just to rub salt in there wombs , contact the DVLA and ask "who" accessed your info ,


the whole situation with hospitals hiring external companies to chase people stinks

the attitude of Aintree and quite a few other hospitals also goes against the Jeremy Hunt guidelines too

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

they even thought they could get keeper details early in this case until the DVLA told them they cannot, so they dropped the case

perhaps they have done this to this consultant too ?

https://forums.moneysavingexpert.com/discussion/5072425

ftd83

Thats the thing papa-golf it was a lease car from the garage - my info was never accessed or they would have got my actual address in Scotland as I updated DVLA details for my own car as soon as I left for Aberdeen.

I will try DVLA but am not sure they will answer this for a vehicle that I was never the RK for.

I agree though that no NHS Trust should be paying external companies to chase people like this.

pappa_golf

Northlakes wrote: »

I would like a opinion whether a NHS trust can take a member of staff to court over a parking matter within their grounds.
If anything it would be a disciplinary matter. Surely that person is a member of a body corporate.

at first one would think (as a non ATA member) it wold be trespass , HOWEVER as the member of staff has paid (out of their salary) to park there plus the fact that as an employee , they have been invited onto the premises to work , would make a trespass charge hard.


perhaps "trev" could enlighten us as to a method of trespass that the CC would accept?

pappa_golf

ftd83 wrote: »

Thats the thing papa-golf it was a lease car from the garage - my info was never accessed or they would have got my actual address in Scotland as I updated DVLA details for my own car as soon as I left for Aberdeen.

I will try DVLA but am not sure they will answer this for a vehicle that I was never the RK for.

I agree though that no NHS Trust should be paying external companies to chase people like this.

how long after the incident was the V5 changed ? check the doc ref on the V5 , this has nothing to do with updating your driving licence


and yes you are the "keeper" , contact the DVLA


how did they (whoever) get the name of the lease Co , WHO DID get your info?

ftd83

V5 for my own vehicle was received back from DVLA on 8th Nov. Cant remember when I sent it out but clearly the address information was there with DVLA well before their N1 claim. I can only assume they didnt spend £2.50 to check my actual details and just relied on the lease garage address.

I will post my OP to pepipoo and see what they think/entertain. Quite prepared to cause them plenty embaresment regardless of whether they drop this case.

I was wondering about the defence of trespass v contract breach hence my original post. I felt both would be very hard for them to win though. Looks like my move to Scotland has made it even harder for them.

pappa_golf

ok if (and we are taking BPA/ipc here) the offences happened in august , then (ticket present) they should not have applied for your details until day 28 and should have wrote to the owner/keeper before day 56 , it seems that they have done this and the lease Co have failed you , they should have written back within (I think) 28 days and informed them of the keeper


so by my reckoning , august ticket , letter from PPC no sooner than sept ,/oct plus 28 days takes it to to November , was the hire/lease co informed of your new address? if so when




all the above is for a BPA/ipc Co , BUT could easily be used against them




PS your defence is that you live in scootland and they can Arkell v 'Pressdram


http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html

Johno100

pappa_golf wrote: »

how long after the incident was the V5 changed ? check the doc ref on the V5 , this has nothing to do with updating your driving licence

and yes you are the "keeper" , contact the DVLA

how did they (whoever) get the name of the lease Co , WHO DID get your info?

Not sure that's going to be relevant. Re-visiting the OP, it reads as if the car in question was in effect a courtesy car for 4 days while the OP's car was being repaired. So the OP wasn't the keeper and won't and would never of had access to the V5 let alone been recorded on it.

The OP's details would have come from the garage or an intermediary lease company that the garage used, probably in response to a NtK.

The OP's vehicle (not the one ticketed) and when the V5 of that was updated is irrelevant.

ftd83

Lease garage not told of my new address in Scotland. Once I picked my car up from them I had no reason to deal with them again. I guess they just gave the address which was on their system and Trethowans have been paperbombing my old place ever since.

Redx

the hirer (the OP) was the keeper , just not the Registered Keeper

so they were the "keeper" of the vehicle for the 4 days hire

Coupon-mad

ftd83 wrote: »

Lease garage not told of my new address in Scotland. Once I picked my car up from them I had no reason to deal with them again. I guess they just gave the address which was on their system and Trethowans have been paperbombing my old place ever since.

Yes but all the time acting 'for' Aintree who knew or should have known from simple due diligence like checking HR records (before ticking the box to let Trethowans issue court papers) that you were in fact, in Scotland. As the claimant, Aintree has no excuse for this claim anyway under the circs and you can really embarrass them with your complaint and scupper them anyway as you are out of jurisdiction.

You hold the trump card but it's up to you when you disclose it to the NHS Trust. You could go for the complaint and see what they say, without actually pointing out the jurisdiction issue immediately.