nameing a driver

crazynana

HI this is my first post could anyone tell me have got a parking fine which happened 2 years ago now it is going to court i was not the driver ,but can i name the driver now or is it to late

The_Slithy_Tove

IF you have genuinely got a real claim from the court, then it's too late. If you have just threats of court action, it is not. Some more details would help, including dates/places/PPC/sequence of events/what exactly you have received.

Also make yourself familiar with the contents of the NEWBIES sticky thread.

Coupon-mad

crazynana wrote: »

HI this is my first post could anyone tell me have got a parking fine which happened 2 years ago now it is going to court i was not the driver ,but can i name the driver now or is it to late

Is it already at court claim from Northampton stage? If so, no - it would now be too late to even think about naming the driver but certainly the fact the keeper wasn't driving can be an ace card in the defence.

The defendant named on the claim form can acknowledge and submit a defence with our help though. This year I can count on one hand the hearings lost after a defence was provided here and only v UKPC I think (most UKPC ones were won though). No others - Gladstones ones and BW Legal ones were defended and mostly discontinued before a hearing, none lost.

Which PPC?

Is it about a residential flat/house home car park? If not then where?

If it is only at letters or LBC stage then it is not too late to name the driver but in most cases we would NOT recommend it because the keeper often has the strongest defence position. A driver has less defence in most cases but which PPC?

The_Deep

If they are relying on Elliott6 v Loake, read this.


http://parking-prankster.blogspot.co.uk/2016/10/excel-parking-youve-been-gladstoned.html


If it is residential parking, read this


http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

hoohoo

If it is an Excel/VCS case they dont use keeper liability anyway. So no, it is not too late to name the driver.

It is only too late to name the driver if they are using POFA 2012 sch 4 to establish keeper liability. Excel/VCS do not do this. Other companies do. More details needed.

Half_way

crazynana wrote: »

HI this is my first post could anyone tell me have got a parking fine which happened 2 years ago now it is going to court i was not the driver ,but can i name the driver now or is it to late

Judging by your opening post you have much to learn, otherwise you will lose.
You also have failed to post enough information to get any help, do you know the difference between parking charge notice and a fine or penalty? just what have you got?

Name of parking company?
Car park and type of car park the ticket was issued in?
envelope on windscreen or camera/photograph (ANPR)
Reason for getting the parking ticket in the first place? - no permit, overstay, outside of bay? your car is red and you parked in a bay for magenta cars?

crazynana

Thanks for replies it is at the stage that I have a claim pack from county court business centre and have been online that I want to defend it I can prove that I was not the driver as I was 300 miles away .this is the only letter I have received I know who the driver was the company is excel along with bw legal

crazynana

The car park was middlesbrough leisure centre and he was parked in a disable bay and he does have a blue badge and it was 20,03 at night outside cinerworld

crazynana

It is a pcn noticeand the date june 2014

yotmon

Have excel/bwl mentioned in their papers that they are relying on 'keeper liability' or do they say otherwise ?

If they aren't, then you need to gather your evidence to firmly prove that you were not there and couldn't have been the driver on the day.

Forget who was driving, just concentrate on gathering your evidence that will show you 300 miles away at the time/date of the contravention. Maybe signed statements from reliable witnesses that can place you elsewhere, hotel reservations, shopping/petrol receipts, phone records, plus anything else that can distance you from the scene.

Coupon-mad

crazynana wrote: »

The car park was middlesbrough leisure centre and he was parked in a disable bay and he does have a blue badge and it was 20,03 at night outside cinerworld

OK so start by looking at other BW Legal defences as linked in the NEWBIES thread.

In your defence at the start, say you are the keeper but were not driving and can prove it, so there is no prospect of success in this claim, no keeper liability applies and even if the Claimant thinks they can presume the keeper was driving, they are wrong and have no cause of action.

Also have a line stating that the driver is a disabled blue badge holder and this will be proved at a hearing if necessary but the identity of the driver will not be divulged, since a keeper has the right to defend and has no obligation to name a driver, as regards private parking charges.

Then continue with the usual stuff you see in other BW Legal defences, as linked in the NEWBIES thread under 'Small Claim?' and others you can find for yourself by simply searching this board for 'BW Legal defence'. there are dozens!

As a keeper who was not driving, as long as you follow our advice and concentrate on what to do and by when, you should win or see the claim discontinued. You do not have to produce evidence yet, just a defence, but you should gather your proof of being elsewhere.