Forgot to inform dvla

Wiljuk

reading through my witness statement I did include that I realised V05 had not been updated till a week after I discovered I had a CCJ. so below I have typed an addition to witness statement. I know it will be wrong but if you can point out the obvious. I can repost my original witness statement if that helps.

In addition to my witness statement I would like to include that I did not update my vehicle registration documents till a week after discovering the CCJ from Civil Enforcement (21/05/18) as soon as realised this mistake I sought to rectify it immediately and can provide my updated V5C document.

I also have proof that I was registered on the local council tax register from the date of moving into current address.

also i did take a look at the parking signs of the car park and although there are many they are hard to read. Even from drivers postion, should i include them. i also took photos inside the building which there were no obvious signs but there was a great big one on entrance to the building only asking to register details.

Quentin

No point you confessing you were in the wrong regards DVLA rules!!

And "local tax registration" is irrelevant too

Wiljuk

ok so I shall just leave statement as is. will take vo5 form with me or not? thought the tax forms would be proof off other ways in which they could have found me if they'd searched and to back further the Sir Henry Heald statement, in which he mentions:

In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.

Quentin

You can take it if you want, but you broke the rules by not complying and notifying DVLA so how will it help in court?? Notifying DVLA is a legal requirement!


And creditors can't be expected to check every council ratepayer in the land to find a debtor - (which it wouldn't)

Wiljuk

So my only argument is that they cant prove I was driving and hoping that CEL didn't send out the right documents which does not include POFA schedule 4?

Wiljuk

OK, here's what I'm taking:
My witness statement which I've already sent with the draft order but shall take another copy.
A selection of quotes from MPs including Sir Oliver Heald.
A copy of Henry Greenslades POPLA report, highlighting the section parking prankster blogged about.

I shan't take the pics i took of the car park as it impleies i was there.
no to taking Vo5
no to taking council tax documents.

Coupon-mad

This is the set aside hearing, I guess? CEL will not attend.

You need the basics of a defence - and be very familiar with it/no keeper liability - to show the Judge that you have good prospects of defending the claim. Take proof of your income and a list of your costs (set aside fee, loss of leave/salary, travel and parking for the hearing) in case the Judge is happy to strike the claim out and grant your costs on the spot, as has happened a few times!

Have you already submitted a draft Order mentioning that if the costs are not awarded at the hearing, that they be 'reserved' and grated in your favour if the Claimant does its usual discontinuance. Make sure you win the set aside and go out knowing you either have your costs, or have them 'reserved' - ask before you leave. You need to pin this down.

Wiljuk

Great,

Will do, I don't work and I'm on disability. So no loss of earnings and I can use my badge in local car park. So not bothered about claiming extra but will definitely ask for the fees to be paid. I haven't altered my witness statement. It states when I found out and who I contacted. I will state that I do not remember who was driving. Although I am the only one insured on my vehicle my partner, friends and family do drive my vehicle. So that how I will present the case also.

Fingers crossed.

Coupon-mad

Is this an overstay allegation in a free car park? Disabled people need more time to go about their daily life.

Even if the court finds you likely to have been the driver, there can be no justification for indirect discrimination. Explained here in a defence:

https://forums.moneysavingexpert.com/discussion/comment/74462153#Comment_74462153

ANPR used, was over a 3 hour stay by 12 mins.

Have you put in evidence the applicable BPA CoP on 'grace periods' (the CoP that applied at the time) and Kelvin Reynolds' BPA article?

http://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

Mr Reynolds says: ''there is a difference between 'grace' periods and 'observation' periods in parking and that good practice allows for this.''

HTH

Umkomaas

I can use my badge in local car park.

If it's a private car park read the signs very carefully because many give no concessions to disabled motorists. You may well have to pay to park, otherwise you might be back on the conveyor belt you're currently trying to jump off!