Fight fire with fire?

unhappychappie

Hi forum folks,

Is it possible to take a PC to small claims first? i have a PCN and rather than wait 6 years to see if they take me to court (in the hope ive moved or forgotten or lost all my paperwork so they can win by default). can i take them to court to resolve the issue on my time scale and have them jump through the hoops when i say?

Quentin

What do you want to make them pay you for?

If you have attempted to get a debt paid without success then the court is available for anyone to use

unhappychappie

Quentin wrote: »

What do you want to make them pay you for?

If you have attempted to get a debt paid without success then the court is available for anyone to use

So that will be a NO then, i have to wait 6 years or wondering will they wont they

Coupon-mad

Complain to your MP about this please:

Every single victim here should complain to their MP:

https://forums.moneysavingexpert.com/discussion/comment/72869191#Comment_72869191

The_Deep

But will you forget, or lose the paperwork?


If you move house be sure to inform them, and complain like billy O, to your MP, Trading Standards, local papers and radio stations, the landowner, all the shops if it was a shopping Centre, Facebook, TripAdvisor, etc. Convince them that you are trouble and that it would be wise of them not to poke you with a sharp stick.

unhappychappie

Sorry for asking questions i just need to make sure i have a good defence before i start this long process.

Question 2 if the keeper was the driver do you have to admit this? and if not what happens when it gets to court and the judge asks was you the driver? or they ask was you the driver which would blow PoFA 2012 defence out the water.

my main reason for disputing this is the driver genuinely did not see signs that it was a private pay carpark as its next to a health centre and the sign on the entrance shows nothing only a small p but their carpark is actually at the back of the private carpark this is google maps of the carpark. https://www.google.co.uk/maps/place/The+Flying+Scotsman+Health+Centre/@53.5204649,-1.1375421,3a,75y,136.43h,98.76t/data=!3m6!1e1!3m4!1seGETqXQDJPeiqlHbnUfWug!2e0!7i13312!8i6656!4m5!3m4!1s0x48790dd6b92fab6d:0x928a7fea0009c6b1!8m2!3d53.5204784!4d-1.1370903

The driver was parked in the first empty space you see to the black ford fiesta

Quentin

You don't admit who the driver was.

If a judge asks you say you'd rather say.

bargepole

Quentin wrote: »

You don't admit who the driver was.

If a judge asks you say you'd rather say.

I presume you mean 'rather not say'.

But this is very bad advice. If you make no admission as to who the driver was, the Judge can make a finding of fact, on balance of probabilities, that the RK was the driver.

Which leaves you up a creek without a paddle. POFA should only be relied upon when the defendant was NOT the driver, and preferably with some evidence that they were elsewhere at the material time.

Fruitcake

OP, if you have received an unfair parking charge and believe that the scammers have improperly obtained your details from the DVLA, you can start a court claim for a DPA breach.

However, you will need to do a lot of research and a lot of legwork to make sure you have a case before you start.

Coupon-mad

what happens when it gets to court and the judge asks was you the driver?

I can't imagine any Judge using ungrammatical words like:

''WAS you the driver (innit bruv)?'

They might ask 'Were you the driver?' and a decent answer would be that:

The claimant has shown no evidence as to the identity of the driver and in fact, my evidence calls this into question and proves that this Claimant has failed in their burden to establish who parked the car. My evidence - here is a copy, Sir - shows that the balance of probabilities has not been tipped in the Claimant's favour by their mere (unlawful) assumption, because the insurance for that vehicle at the time has x number of named drivers. In addition, since several members of my family have fully-comprehensive insurance in their own right, it is feasible that other adult drivers could have visited the location that day, driving this vehicle with my full agreement and lawfully insured.

The burden remains that of the Claimant and it is not my burden nor obligation to name the driver, or possible drivers, to a private firm.



(if it does...your evidence will include the car insurance)

unhappychappie

Coupon-mad wrote: »

I can't imagine any Judge using ungrammatical words like:

''WAS you the driver (innit bruv)?'

They might ask 'Were you the driver?' and a decent answer would be that:
[/I]

Which is why i should just pay up because im obviously not as educated as yourself. which is exactly what these parasites rely on to get there money.

thank you for your advice