Court proceedings for auto repair visit

Lamilad

Yes that's fine your defence should be well laid out and easy to read. But it needs to be more concise.

Para 3 def needs trimming down.

4 can be made into one para by removing 'a)' and merging 'b)'

In 5 don't restate the PoC and make 'a)' more concise

6. Is largely irrelevant as you are just repeating previous statements. Suffice to have 1 para saying 'for all the reasons stated above the court is invited to strike out the claim as being utterly without merit, disclosing no cause of action and having no prospect of success... Or words to that effect.

foofcat

Brilliant suggestions (and in line with what I was thinking especially re: the long paragraphs you've listed). I'm going to take another stab at this tomorrow after work and post a comment here when I've updated / shortened it. I know I keep saying this but thank you!

foofcat

Hello Lamilad and everyone,

I've shortened it by nearly 600 (!) words, but I think it's still a bit long. Hopefully it helps that I've tightened up and reordered the points so they make more sense and are easier to follow (I think).

Any thoughts?

On another note, I had a really weird email exchange with the court today. I couldn't reach them by phone (it kept ringing indefinitely) so I emailed and explained I made a mistake in ticking "I want to contest the jurisdiction" when I filed the AOS online. I got a reply that basically explained how long I had to contest jurisdiction. So I replied to say no no, I want to correct my AOS so that I'm not contesting jurisdiction because it was a mistake. The next reply said "Good morning" (at 3pm haha) "It is not possible to correct please be advised to submit the defence within the required timescale"

However before I got that reply I'd tried again and managed to reach the MCOL phone help desk who said that I should just hand fill out the paper AOS I received and email it to them. I've now done that but 'm not sure what to make of the email exchange.

It seems the help desk for the court and the MCOL are both really tricky to get hold of by phone, and seems like they have to deal with a lot of these ridiculous PPC claims....

foofcat

Also - let me know if I should be posting new versions of the defence in new comments on here instead of just updating comment #36 on page 2 - I'm doing it that way to keep things tidy / efficient for anyone else in a similar position but I don't mind either way.

foofcat

Hello,

I've done some more work on my defence and uploaded a redacted version here:

Also photos / scans here in case it helps.

If anyone could share any feedback I'd really appreciate it.

In other worrying news, I'd emailed the DVLA on the dsp email address to ask when the PPC requested my details, and got a response from someone in the Casework and Enforcement Group asking for my current address vs the registered addres, rather than anyone from the Data Sharing or Strategy and Policy team. Is this normal?

Thank you!

Lamilad

I'd emailed the DVLA on the dsp email address to ask when the PPC requested my details, and got a response from someone in the Casework and Enforcement Group asking for my current address vs the registered addres,!

Not sure what you mean. Can you post what the reply said.

foofcat

Good afternoon

Thank you for your email.

Before we are able to consider your request further, please confirm the address at which the vehicle was registered and your current address if this is different.

Kind regards

XXX XXXX
First Line Manager
Casework and Enforcement Group

My question is if I asked for them to let me know when they shared my data with PCM by emailing the data team, why would I be getting a reply from the Casework and Enforcement Group?

My original request sent to dsp@dvla was as follows:

Dear Sir or Madam,

As DVLA records will confirm, I am the registered keeper of a motor vehicle registration number XXXX XXX.

I have received a postal demand for a payment from a debt collection agency engaged by a private parking company, who cite PoFA as their reason for pursuing me rather than the company who had possession of the car on the date of the contravention.

The Notice makes reference to Sch 4 of the Protection of Freedoms Act 2012 (‘PoFA’) and/or ‘keeper liability’.

I understand that Paragraph 11 of PoFA makes it a statutory requirement for the creditor (or a person acting for or on behalf of the creditor) to have made an application for the keeper’s details to the Secretary of State.

I therefore require the DfT, acting on behalf of the SoS, to provide the following information:-

1) Confirmation (or otherwise) that my data was requested and supplied in accordance with that statutory requirement.

2) The full details of the name and address of the requestor

3) The date of the request, I believe this will have been between XXX and XXX

4) The date that my personal details were given


Many thanks in advance for you assistance,

I'll PM you as I don't want to publicly share personal circs / details.

Thanks

foofcat

Hello all, I hope you're well.

I'm planning to email my defence statement to the court tomorrow (I have until 16th Sep because of the AOS), and wondered if anyone would be up for looking over it?

Thanks!

Lamilad

Hello all, I hope you're well.

I'm planning to email my defence statementt to the court tomorrow (I have until 16th Sep because of the AOS), and wondered if anyone would be up for looking over it?

Thanks!

Let's see it.

foofcat

It's linked in my post! Sorry for not making it more visible! Here it is just in case https://www.dropbox.com/s/fyga10jaztzqoog/MSE%20Defence%20Statement.pdf?dl=0