Qdr court claim received help!!!

Lawabiding_2

Thank you

The kids went out with us during this time to the shopping centre but I defo do not recall driving to it and hence cannot keep track who drives when. I don't want to incriminate my husband at the same time.

I hope that clarifies this and I haven't added to the confusion. Sorry

Lawabiding_2

Based on the above shall I mend the statement to read that

The defendant is of the reasonable belief on the balance of probabilities that she was not the driver at the time. Due to the length of time that has lapsed it is difficult to keep track of who was driving at the time.

??

I have also received another letter from qdr sol today. After my response to llbc they gave me until 10 September to provide proof of parking. I sent them a letter saying that I don't have it as i was not the driver and citing all previous arguments.

They replied today saying they didn't receive my letter until 14 September thus have issued the court claim. What a load of BS. I have confirmation of my recorded delivery letter saying they signed for it at 9.27am on 10 September!!! How can they lie!

Lawabiding_2

I have seen other posts too who have had pcn from this company as provided them with pics of vehicle when sending the pcn.

I am guessing they don't have proper ones of mine thus havent sent them to me yet.

Will I still be able to win still?? based on what I said above. Me and x and children went shopping on that day. Do not reasonably believe I was driving. Seriously do not remember. I remember ticket being bought by x and displayed. I want to be careful of how I word things so whilst trying to defend myself I don't incriminate anyone else

Umkomaas

How can they lie!

By moving their lips! It's endemic in this skimdustry.

Coupon-mad

I haven't put in the whole issue about finding toilets for the kids purely because they are not alleging an overstay.

I seriously cannot keep track who drives when etc

I understand. So the defence should now be OK then, if you are happy with the draft I suggested. If not, make a few changes and show us.

Lawabiding_2

Hi Coupon mad

I have considered your very helpful draft again and what i said above, i am content to go with the draft you suggested. If i amend any further and go into the belief I was not driving I think they will presume there is something to exploit there. I am happy to send draft in as suggested.

What do you think my chances are of winning now? Still ok?

Shall I mention anything about them lying about receiving my last letter on day of issue?

I said to them before i am going to send letter of complaint to icp because they have not adhered to their code of practice part c 5.1 m. Looking at posts it appears they are scammers too. I'm guessing it's not worth it?

Coupon-mad

What do you think my chances are of winning now? Still ok?

If you follow the advice about each stage in the NEWBIES thread, most people report a win, in some 99% of cases here going back 2 years. So we confidently expect a win from all fully-engaged posters, and we are only disappointed on the odd occasion.

Shall I mention anything about them lying about receiving my last letter on day of issue?

In your WS later, not now. Read about what happens when in bargepole's summary in the NEWBIES thread.

I said to them before i am going to send letter of complaint to icp because they have not adhered to their code of practice part c 5.1 m. Looking at posts it appears they are scammers too. I'm guessing it's not worth it?

No point! The IPC and IAS share Directors (or did until they swapped about a bit) with Gladstones solicitors, who file claims for parking firms.

A conflict of interests - IMHO a national scam.

Lawabiding_2

Thank you very much.

I will send the defence is as set out via email and come back to you all at allocation/WS stage.

Lawabiding_2

Hi all

Sorry I forgot to ask is it worth putting in a counter claim?

I understand that parking companies can get your details from DVLA but is it not a misuse of data if the pursuing the keeper viciously despite not providing the NTK within 14 days from event as set out in the code of practice. They were only able to get my details from DVLA because they are trade members.

nosferatu1001

Not on that basis, no
They dont have to use POFA, at all (law, not CoP, so dont confuse the two!) to makjew the keeper liable
They just claim you were more likely than not the driver, and so can pursue on that basis. To which an obvious rebuttal (amongst the other usual ones!) is that parliament clearly didnt think ithis was sufficient, otherwise they would not have created Keeper liability using POFA2012.