Cloned Car + CPM Parking Fine

EasyPeasy223

Thanks for everybody's help. Will get back to you guys soon once we've made headway.

Loadsofchildren123

I perhaps jumped the gun in my excitement at such a winning case.


Is all correspondence, and the threat of litigation, currently with/against the company?


If so, you amend the draft response letter (no longer a LBC as no claims/counterclaims to be made) so that it is from "we" rather than "me/I" and say that the car was at all times in the possession of the person who drives it, who is an employee/director of the business. Then you refer to "the driver" in the third person - so "the driver has never been to the car park in question and the car was in his possession at the relevant time on the relevant date". Take out the 2 paras re the claims and leave in the one about R27 costs.


Re the draft defence, same thing really. In para 1 you'd say the D is the registered keeper, that it is exclusively used by an employee [or director] (referred to in the Defence as "the driver") and that on the date and time it is alleged the car was parked in x car park at x location it was in fact in the driver's possession in [location].


At 2, the Defendant denies that the driver....


3 and 4 stay the same and take out the counterclaim.


You do the WS in your name, saying that you are authorised by the company to make the statement on its behalf and that you are the employee/director who drives the car and has exclusive use of it and dealing with the other issues (reporting to police/DVLA, where you were with the car on the day, the fact you've never been to the car park, the differences between the cars which clearly demonstrate it's not the same one. Perhaps produce a letter from the company confirming that you are the exclusive driver of the car and nobody else uses it.

EasyPeasy223

Loadsofchildren123 wrote: »

I perhaps jumped the gun in my excitement at such a winning case.


Is all correspondence, and the threat of litigation, currently with/against the company?


If so, you amend the draft response letter (no longer a LBC as no claims/counterclaims to be made) so that it is from "we" rather than "me/I" and say that the car was at all times in the possession of the person who drives it, who is an employee/director of the business. Then you refer to "the driver" in the third person - so "the driver has never been to the car park in question and the car was in his possession at the relevant time on the relevant date". Take out the 2 paras re the claims and leave in the one about R27 costs.


Re the draft defence, same thing really. In para 1 you'd say the D is the registered keeper, that it is exclusively used by an employee [or director] (referred to in the Defence as "the driver") and that on the date and time it is alleged the car was parked in x car park at x location it was in fact in the driver's possession in [location].


At 2, the Defendant denies that the driver....


3 and 4 stay the same and take out the counterclaim.


You do the WS in your name, saying that you are authorised by the company to make the statement on its behalf and that you are the employee/director who drives the car and has exclusive use of it and dealing with the other issues (reporting to police/DVLA, where you were with the car on the day, the fact you've never been to the car park, the differences between the cars which clearly demonstrate it's not the same one. Perhaps produce a letter from the company confirming that you are the exclusive driver of the car and nobody else uses it.

You are a star! Must have been on your mind a bit haha. Thank you again.