Perranporth / Gladstones

nigelbb

A credit card bill showing payment to the car hire company in July rather than June would be useful supporting evidence as would a evidence of where you stayed in Perranporth & in particular what dates.

Do you have emails or other evidence of the hire car booking?

Don't worry as this case would be easy to defend even if you had hired the car on the relevant date as there is no evidence of who was driving & the requirements of POFA 2012 as regards transferring liability from the hire company as registered keeper to the hirer will not have been complied with.

Guys_Dad

As c-m says, get what you can from the hire company. Worth more than any other piece of evidence.

Castle

Might be worth sending a Subject Access Request to the Hire Company; requesting copies of all data held on you and copies of any letters/emails etc, which the hire company have sent to the Parking company.

dazster

Coupon-mad wrote: »

If you put anything in the defence box or submitted this below, then this is your defence and you can't add anything now:

Well you can, but it'll cost.

Coupon-mad

True, and in his shoes, why should he shell out. The lack of 'defence' rushed out is worrying though, merely because we can't even be sure the court will consider what he has sent a defence or just an acknowledgement.

A £10 SAR is a good call, by Castle.

https://bmpa.zendesk.com/hc/en-us/articles/206890469-6-Subject-Access-Requests-Easy-

Send that to the Hire firm along with the complaint and tell them you will require the £10 back once the complaint is properly investigated and the hire firm can see the position their error has placed this person in.

SSAU2016

Thanks all,

OK, so I admit I've dropped a you know what by filling in the MCOL thing. Fact is, I was not in possession of this hire vehicle at the date stated. I will write to the hire company first thing on Monday. I have a copy of my original hire agreement - certainly nothing to do with the date stated. I also have the credit card statement from then showing when I hired the vehicle.

As far as I'm concerned, there's no further case to answer - I didn't have the vehicle at this time and I can not only prove I didn't have it, but that I was 170 miles away.

Coupon-mad

We agree but you need to prove it. Keep proof of posting of your letter to the Hire Company and make it angry and robust. No please or thankyou. Head it up 'formal complaint' and threaten to report them to the BVRLA (check they are members, online).

Be REALLY assertive about this absolute howler by them and indeed, you should be due compensation for distress, which the BVRLA complaints scheme might include (not sure).

yotmon

I suppose it is possible/probable that it's a typo on Gladstone's behalf and should read July instead of June.

The_Deep

Also told Gladstones that if the claim is not removed within 7 days, I'll counter claim for harassment and defamation. Idiots

I doubt if this would fly. However, unreasonable conduct under CPR 27.14(2)(g) might.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

It is also worth bunging in a complaint of unprofessional conduct to the SRA. it costs them money to deal with it.


https://www.sra.org.uk/home/home.page

SSAU2016

Thanks again guys.

I've had an acknowledgement from the court saying they've gone back to Gladstones.

I've sent a robust letter to the hire company and asked for a response (with proof of posting)
I've got a copy of the original hire agreement ready.

I've also found a picture I took of my kids in Perranporth on the only day we were there - 29th July 2015. The good thing is the picture was in front of the hire vehicle, overlooking the bay. You can zoom in and read the pay and display ticket as clear as day on the windscreen, so there would be no reason at all to get a ticket in Perranporth!

I'll keep you updated as and when Gladstones inevitably come back to me.