registered keep deceased

eeebygum1528

Thank you
I have added all the reference numbers and will post with proof. I will start on a defence later, just in case, but keep you all informed. Keep up the good work.

beamerguy

eeebygum1528 wrote: »

Thank you
I have added all the reference numbers and will post with proof. I will start on a defence later, just in case, but keep you all informed. Keep up the good work.

Wait to hear. Keep an eye on this thread because others
will join in with advice, there are 3 good solicitors on
here who are well aware of CEL

fisherjim

I am no expert on court cases and of course the PPC muppets can't take a deceased person to court.


However there is possible sticky a situation with the vehicle which should have been sorted out and could have had other repercussions at the time.


You cannot use a car on the road as I understand it that has a deceased owner, any driver after that time does not have permission from the owner, (obviously) and the car was no longer insured.


From the DVLA website:


You can be prosecuted if you use the vehicle on a public road before taxing it in your own name and insuring it!


https://www.gov.uk/tell-dvla-about-bereavement/keeping-the-vehicle


Though this is now water under the bridge I'm sure.

Coupon-mad

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.

As you were an executor, I think you need to defend in the name:

'personal representative of xxxxx xxxx (deceased)'

Those are the words that will have appeared on letters to you from Banks, etc. why not ask your solicitor who handled the will/probate if that's the right way to respond? I think it is but I am not legally qualified.

And send a copy of the death cert to CEL first, and keep proof of sending it (not signed for! Just a free certificate of posting from the PO Counter).

Show us your draft defence first, as you will need to lodge one. A point in the defence can be that on the material date, xxxxx xxxxx (deceased) cannot have been either the driver nor the 'keeper' (not the same thing as being named as the registered keeper).

fisherjim

Civil Enforcement will probably try to argue that the executor was liable.


You are dealing with are thoughtless greedy lowlifes!

Coupon-mad

Can't happen, they could only say the estate is liable, and it can't be because he died before the parking event. So he cannot have been driver or keeper (under the POFA definition, it's impossible to conclude that this deceased rk was 'the keeper').

The Death cert is the proof of that.

And I know CEL do not use the POFA...! Clearly they can only chase a known driver and it isn't the deceased.

Quentin

eeebygum1528 wrote: »

. i would hate for my fathers name to be tarnished by ccj

Claimants can pursue deceased defendants debts, but must of course pursue their estate.


Thus there is no need to defend the current claim against the deceased person. Send the claim back to the court with a letter confirming the defendant is deceased


Inform the claimant that the defendant is deceased, and whether or not there is any probate proceedings - they can claim to the probate court.


If there is no probate then they can claim from a relative who has benefitted from the estate


Whatever the outcome there is no possibility of your Father getting a CCJ!

The_Deep

A local paper may be interested in this, and also your MP.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

The_Slithy_Tove

The_Deep wrote: »

A local paper may be interested in this, and also your MP.

And they may see this as a dodgy ruse for evading parking charges. It would be one thing to pursue someone who was alive when the charge was issued, but subsequently died, but this is different.

Shouldn't really rock the boat too much. Just think, if someone had picked up a speeding ticket under the same circumstances, the police would not be too chuffed that the RK had been dead 9 months.

Quentin

The_Deep wrote: »

A local paper may be interested in this, and also your MP.....
.

The OP is anxious to preserve the good name of his late father


(Who is totally innocent anyway - this has arisen because the executors failed in their responsibilities over notifying DVLA of the change!)


Don't see how getting this in the papers will help at all!