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Help please - have i made a mistake?

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  • Fine but keeper will kill me if they read this!

    Keeper doesnt have the money to pay the debt and does not wish to go to court, although will do if forced.

    Is there an option to settle as there is a family friend who can help out a bit?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Fine but keeper will kill me if they read this!

    Keeper doesnt have the money to pay the debt and does not wish to go to court, although will do if forced.

    Is there an option to settle as there is a family friend who can help out a bit?

    Doesn't the paperwork asking you to pay tell you how? At this point though there is little to be gained. You may as well wait for a claim to go in as the charges are often less.

    They aren't allowed to claim an awful lot of the ads on fees they do.
  • fair enough. Will wait. Have submitted SAR too.
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 August 2019 at 5:28PM
    Fine but keeper will kill me if they read this!

    Keeper doesnt have the money to pay the debt and does not wish to go to court, although will do if forced.

    Is there an option to settle as there is a family friend who can help out a bit?

    The defendant must attend and answer questions if asked, but can use a lay rep to act for them.

    If they lose, the most they will have to pay is in the order of £175-£200, so less than the scammers are claiming.

    If/when you get the actual claim from the court, write to them ask ask for the case to be dismissed as the fake add on amounts are an abuse of process as per the links already provided by other posters.
    I married my cousin. I had to...
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  • Gang,

    can someone tell me what would happen if the registered keeper chose to disclose the name of the driver?
  • Umkomaas
    Umkomaas Posts: 43,416 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Gang,

    can someone tell me what would happen if the registered keeper chose to disclose the name of the driver?

    If the RK has legitimate protection from the Protection of Freedoms Act 2012 (Schedule 4) because of non compliance on the part of the PPC, they would be simply throwing the driver under a bus.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • are we not past the non compliance issue now? This is going to court so will be arguing on points on not relevant land, poor signage and abuse of process.

    I just wondered if the driver was named if the PCN has to be reissued and the clock is reset to zero?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    are we not past the non compliance issue now? This is going to court so will be arguing on points on not relevant land, poor signage and abuse of process.

    I just wondered if the driver was named if the PCN has to be reissued and the clock is reset to zero?

    No the non compliance issue is extremely important. It provides the registered keeper with an absolute defence.

    Yes naming the driver resets the clock but as pointed out it would leave them without a defence.
  • Update:

    SAR claim was made by registered keeper and they have received a pack from PP which appears to include all correspondence since the alleged incident.

    Continued to hang tight I assume and wait for the summons?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Update:

    SAR claim was made by registered keeper and they have received a pack from PP which appears to include all correspondence since the alleged incident.

    Continued to hang tight I assume and wait for the summons?

    It's a claim form not a summons but yes sit tight until one comes.
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