Validity of Proceedings Brought in Wrong Name

Bullies_Beware

Can anyone advise whether proceedings must be brought in the full and correct name of the defendant or whether a plaintiff would lose their claim if they proceed in the name of a non existent entity or person?

This is not a mere spelling mistake issue and I can't seem to find anyone else who has experienced this situation

Johno100

You are going to have give a few more details for anyone to be able to give an informed opinion.

Assuming you/the person concerned has had no contact with the private parking company or their solicitors then they will have picked up the keepers details via an enquiry with the DVLA. So what name appears on the V5c (also known as the Log Book) for the vehicle, the 'incorrect' name that proceedings have been brought in or the right name?

[Deleted User]

Technically, yes. The claim form must have the correct name and address for service.

Do note, however, that the limitation date for a contract claim is 6 yrs. Whilst there is an option to apply to the court to substitute a defendant (£100 no hearing), I don't think they will. The easiest (and cheapest) option for them would be to reissue the claim in the correct name at a cost of £25. As such it may not be the magic bullet to the claim being withdrawn entirely!

One option may be to return papers "not known at this address" and wait and see what happens.

Bullies_Beware

Correspondence is being conducted in my forename, and my surname is entirely missing.

I have made no contact with the company at all.

Bullies_Beware

I note the Beavis case - but where a car park has an hourly charge why is the commercial loss a considerable multiplier of that figure? Surely the commercial loss should be the public charge.

The claim includes interest - three years and seven months at 7.31% p.a. I cannot get that on any account anywhere - if the claimant cannot prove the public availability of such an interest rate does that shoot down the claim as extravagantly calculated?

Finally - I suspect double dipping here - I stopped at the location to take a few photos - moved on - and came back later for a Subway. I can prove the first visit from my camera records - would this help shoot down these vultures?

Johno100

Bullies_Beware wrote: »

Correspondence is being conducted in my forename, and my surname is entirely missing.

I have made no contact with the company at all.

And how does your name appear on the V5c for the vehicle?

Bullies_Beware wrote: »

The claim includes interest - three years and seven months at 7.31% p.a. I cannot get that on any account anywhere - if the claimant cannot prove the public availability of such an interest rate does that shoot down the claim as extravagantly calculated?

It is called Statutory Interest and they are perfectly entitled to add it to their claim.

https://www.gov.uk/make-court-claim-for-money/work-out-interest

Coupon-mad

Bullies_Beware wrote: »

Finally - I suspect double dipping here - I stopped at the location to take a few photos - moved on - and came back later for a Subway. I can prove the first visit from my camera records - would this help shoot down these vultures?

Yes, if that's a true account an you appear as the honest party at the hearing.