Small Claims Court Letter - N.Ireland.

System

You said you weren't driving and won't name the driver, our view is that you were the driver.

Since Keeper Liability doesn't apply then this is the only way they can get the case to start in a court. Otherwise it is a malicious claim.

I can also provide a witness statement saying that I didn't park the vehicle and that they (the witness) had been told/believed that the regular attendant had given permission to whomever was driving at the time to park freely.

That should kill any claim but don't underestimate the way they play the court system - dropping out after you've done the work and they can't be held for costs.

A counterclaim for harassment is possible or just see it out.

MercurialNo.10

I also know that they will not be able to provide photographic/video evidence of any driver.

This is going to court, they are using the small courts system as a means to threaten consumers here who are scared by the legal system.

System

Claim for harassment?

PS It's not a counterclaim as that is a separate issue.

MercurialNo.10

Only disputing, not counterclaiming or planning on claiming aside from earnings due to court etc.

If it's dismissed, does that add to any potential claim for harassment? (I'm not sure I'd go that road just because of the paperwork, disputing this is a pain enough in the !!!!).

Can I claim for evidence costs, printing etc.?

DoaM

MercurialNo.10 wrote: »

Can I claim for evidence costs, printing etc.?

Not sure of what NI courts allow, but usual advice is to itemise everything you can (with a value) and claim those expenses (during/ at the end of the hearing) if/when you win. The judge will then decide what he/she'll allow.

PS - who took the hump with C_m? (Just noticed her status).

MercurialNo.10

I've also noticed that they've said I won't name the driver...what I actually said was...

The dates in question are unremarkable and as a result I have no recollection of the circumstances surrounding these events and HAVE BEEN UNABLE to identify the driver(s) responsible.


I CAN NOT assist the Applicant with any knowledge of who was driving on occasions many months ago, and have no obligation to name any driver to a private firm, EVEN IF I HAD knowledge of the identity/identities of any driving party.

MercurialNo.10

I believe that this particular charge could well be argued as excessive given the site in question, which is basically a large gravel patch of wasteground, with no entrance barrier and no marked bays that is rarely full/busy during the periods of the alleged 'contraventions'. It's an absolute dump.

nosferatu1001

That doenst actually say you were not eh the driver

What you could do is in your defence include a list of all common drivers that MAY have been involved - so if 10 people have access to the vehcile then name ten people. You would need to explain how they have access, why you would not necessairly know who was using it at th time, etc.

Fruitcake

MercurialNo.10 wrote: »

Notice to Keeper
https://docdro.id/cheqg9Y

Final Reminder
https://docdro.id/ADF6Uyr

Has anyone noticed what I have?

If I have read it correctly, the NTK says the discount period has now ended, and that you (the keeper) have only 14 days to appeal.

The keeper must be offered a discount, and given 28 days to appeal according to the BPA's CoP.
Complaints to the BPA and DVLA should be made about both breaches, even though they may have corrected this in the reminder.

Definitely complain to your MP and refer them to the comments from post 1 of the NEWBIES where our MPs have called the PPCs cowboys and scammers in open parliament.

As mentioned earlier, do you have anything to prove that you were elsewhere at the time of the alleged event? Receipts, credit card/bank statements, work login/sign in, time and date stamped photos, witness statements etcetera. Some smartphones hold location data as well.

MercurialNo.10

Do you think I should ask for their evidence to help me identify the driver for them?

I mean if they know who was driving and can evidence that fact, I can help them identify who was responsible and save them wasting the court's time.