registered keep deceased

eeebygum1528

Hello and thankyou for the informative site.
My father passed away in January 2016 and his vehicle received a PCN in October 2016. The vehicle was still registered in his name at this time. I am his son and was executor of his estate and I have recently received a claim form for the parking notice. I have followed the advice and completed AOS.
The facts are that the parking area was governed by ANPR and the driver (not me) purchased a ticket from the vending machine. The vending machine was defective in that the keyboard registered two number 6 's on the ticket so for the Reg No. xx61xx it printed xx661xxx
On receipt of the PCN a letter was sent to the company (Civil Enforcement Ltd) not admitting liability or identifying the driver and providing a copy of the purchased ticket. Appeal denied.
A number of threatening letters were received over the following 2 years until a claim was issued dated 01/10/2018.
I have completed AOS as an organisation in my name. (didn't feel right pretending to be my deceased father) and i realise i now need to submit a defence.
Could you point me to a recent example please as the fact the defendant is no longer alive has complicated things for me.

Few additional points.
The car park has been demolished and no pictures were taken of the signage.
The only photographs provided on the original PCN show the reg number of the vehicle as it enters and leaves. there are no photos of the vehicle parked.
no notice to keeper letter was received (to the best of my knowledge)
Their timing shows a timeframe of 18 minutes on the property.

Fruitcake

I am sorry to hear of your loss. Unfortunately parking companies do not care and your defence will have to be on purely legal and technical grounds, not compassion.

You should start by deleting the reg numbers in your post above.

To whom has the claim been sent?

If the scammers do not know the identity of the driver then they can only pursue the registered keeper. Nobody else can be held liable.
Have you told them that your father has passed away and provided them with a copy of the death certificate?

Have you complained to your MP?

eeebygum1528

Hello,
All correspondence has been sent addressed to my father. Thanks for the reg no. tip i have removed.
To date i have not told them he has passed away, mainly because of the dates, ie pre ticket. Only communication had with them is a simple letter of appeal.

beamerguy

As fruitcake says above

You must make it very clear to CEL and request confirmation
that they have been informed

CEL are a very ignorant and arrogant company

eeebygum1528

Content of the PoC is below .
Noticed the sum on the final notice was 100 (or 60 if paid within 14 days) and now it is 236.

PoC
Claim for monies relating to a parking charge for parking in a private car park managed by the claimant in breach of terms+conditions. Drivers are allowed to park in accordance with T+C of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering +exiting the site. Debt+damages claimed the sum of 236.00
Violation date 3/10/16
Time in 16.34 Time out 16.52
PCN ref : xxxxx
Car reg XXXXX

The claimant claims the sum of 273.50 for monies relating to a parking charge per above including 37.50 interest pursuant to S69 of county courts act 1984. rate 8% from dates above to 28/09/18.
same rate to judgement or sonner payment.
Daily rate to judgement 0.05
Total debt and interest 273.50

eeebygum1528

if i write to CEL with the copy certificate will the court procedure still continue. i would hate for my fathers name to be tarnished by ccj

Fruitcake

I am not court savvy, but I cannot see how a court claim can proceed against a deceased person.

If CEL try to do so once they have been informed officially of your father's death, then your next step would be to contact the court once it has been allocated to the small claims track.

I'm not sure if the courts can be informed now, but I would have thought that it is in your interest to try and find a way to pass this information to them somehow.

beamerguy

eeebygum1528 wrote: »

if i write to CEL with the copy certificate will the court procedure still continue. i would hate for my fathers name to be tarnished by ccj

We would hope not but CEL are a vindictive bunch

It is therefore vital that they have a copy of the
death certificate and a court would see this as
unreasonable action if they continued
As executor, you are now in control

Regarding a CCJ, read below which applies to a living
person. Interaction with the court would be a good idea

HOW YOU CAN GET A CCJ (County Court Judgement)

1: They must firstly take you to court
2: You have the opportunity to defend
3: A judge will rule who is the winner
4: If you lose (doubtful), the judge will make
an order for you to pay (normally with 28 days)
5: If you ignore the court and do not pay, then
you will get a CCJ
6: However if you do pay as the court orders,
that is it ...... NO CCJ .. NO ENTRIES ON YOUR
CREDIT FILE

eeebygum1528

Thank you,
I have drafted a quick letter for CEL. any thoughts would be appreciated.

With reference to your county court claim submitted and dated 01/10/2018, this letter is provided for information only and is by no means an admission of liability to any charges or claims.
The Defendant named in the claim is deceased and I have attached a copy of the Death Certificate for your information to reinforce previous correspondence with your offices.
I request confirmation of receipt of this letter and its contained information.
I place you on notice that the above information will be made available to the court should you proceed in this matter.
I provide a correspondence address below for all future correspondence in relation to this case and this address has been notified to the court

Fruitcake

Add the PCN number and any other relevant reference numbers.
You should also explain that you are the executor of your late father's estate as they may want to know in what capacity you are acting.

This is all to protect you and your father's estate should CEL try anything even more underhand than they normally do.

beamerguy

eeebygum1528 wrote: »

Thank you,
I have drafted a quick letter for CEL. any thoughts would be appreciated.

With reference to your county court claim submitted and dated 01/10/2018, this letter is provided for information only and is by no means an admission of liability to any charges or claims.
The Defendant named in the claim is deceased and I have attached a copy of the Death Certificate for your information to reinforce previous correspondence with your offices.
I request confirmation of receipt of this letter and its contained information.
I place you on notice that the above information will be made available to the court should you proceed in this matter.
I provide a correspondence address below for all future correspondence in relation to this case and this address has been notified to the court

That's good, if posting, do not use recorded delivery or the like
as they could refuse to accept it.

Go the PO and get a "proof of posting receipt"
This will be deemed to be delivered within 2-3
working days