Help needed

waamo

It also doesn't matter who names the driver. The keeper can give the details or the driver themselves can fess up. All that matters is the company have the drivers details.

Read POFA a few times. Honestly the penny will drop, it might take a while but it will.

Whilst you have a pretty cast iron defence (on the face of things) throw the kitchen sink at it. Use every point possible. A judge only has to find one point in your favour and it's game over for the PPC.

Cbella38

Let me Re write defence then repost

safarmuk

It also doesn't matter who names the driver. The keeper can give the details or the driver themselves can fess up. All that matters is the company have the drivers details.

Indeed, but the key thing here is that CBella has proof that the driver was named. Was there a letter with Proof of Posting or an email with a Delivery Receipt or was it all done over the phone?

Whilst you have a pretty cast iron defence (on the face of things) throw the kitchen sink at it. Use every point possible. A judge only has to find one point in your favour and it's game over for the PPC.

Agree, if the point above is evidenced and they are proven to be pursuing the wrong person then they should lose in the Small Claims Court. If this happens can they then subsequently start pursuing the driver for this PCN?

Cbella38

All letters was sent via post but no correspondence was made to driver

Coupon-mad

Cbella38 wrote: »

This is soooooo helpful THANK YOU. The KEEPER did not respond to the NTK the DRIVER did giving FULL account as to what happened on that day and gave FULL NAME AND ADDRESS but still everything was sent to KEEPER and first letter back from Parking company addressed letter as.if the KEEPER had written then letter yet it was the driver they should have written too.

Put that in the defence as well. Once they know the driver they cannot pursue a keeper, as others have said. But did they get the letter?

Can you prove it at the hearing (copy letter/proof of posting?).

Cbella38

This is what is wanted so DRIVER can argue case as I believe I have a strong case. Therefore do I still write a defence statement and now your understanding why it's different to other Gladstone defences what are the details that need to be put in ? Shall I just phone the court and see if can speak to someone ?

Cbella38

Yes they got letter because responded to it but wrote as if responding to keeper not driver yet keeper didn't write letter

The_Deep

I am not convinced that this is anything but a slam dunk win for the appellant.

Am I being simplistic in thinking that all the RK needs to say is "Sir/madam. I was not the driver. The driver has been named to the PPC and this action is ill considered/vexatious. May I have some money for my wasted time please?

Cbella38

Thinks RK and Driver deserve compo nothing but stressful situation

Cbella38

*UPDATE *

RK still keeps getting letters despite DRIVER giving them all information needed.

Sent defence papers to court, had a reply from GLADSTONES and they want to settle outside of court.

RK wrote back to court saying they have nothing to do with this and to please contact driver .

Letter back from court was received about going through mediation - does RK agree to this and driver goes with them ?

Does RK contact or even driver contact Gladstones to explain situation again as they simply don't get it ?

Euro car park even wrote back to the MP who acted upon this as felt it was out of order and they admit they have a 10 minute grace period and the driver in fact returned the the car just over 8 mins so under the 10 min grace period and admitted no fine was place into the hand of driver or on windscreen.

So where do we go from here ?