Papers only claim

Redx

you wont win because this has NOTHING TO DO WITH YOU - it is NOT your case !!

so as above, you and your son have NO INVOLVEMENT in this case, not unless one of you has Power Of Attorney or some other legal papers allowing you to legally act on behalf of the husband

the time to name the son as driver was before the court case started, preferably when the postal pcn,s arrived

only your HUSBAND can defend this claim because his name is on the V5C (log book) and because HE is named on the court papers, so he , and only HE , must defend it. doesnt matter what HE wants, he is named on the MCOL and he is the one being taken to court

neither you nor your son can have anything to do with this OTHER than to assist him, assist the husband

please tell us that you finally understand this legal aspect of this case

ie:- its got ffff all to do with you and fff all to do with your son either

morally the son is partially responsible, but so is the KEEPER because they gave the son permission to drive the vehicle in the first place, so accepted the legal responsibility that comes with that decision

had the son been speeding the father would have got the postal speeding notice, whereupon he could have named the driver, so same as these parking charges, he could and should have named the driver asap (as could somebody helping him to fill in the forms , but HE would have signed them)

if you want somebody else to act in a legal capacity on his behalf , then get a Legal Power Of Attorney or whatever they call it

but that is too late for this saga , sorry to say

the HUSBAND can either pay , fight , or ignore

this could result in HIM, and nobody else, getting a CCJ against his name, and possibly bailiffs etc as well


having read this thread, it seems to me that the defence has already been filed, so too late to add another defence

what date was the defence filed ?

what exactly was put into that defence ? (word for word)

which Parking company issued these 4 tickets ?


are there any legal papers where you or somebody else has the legal right to act on your husbands behalf ? (like Lasting Power Of Attoney ?)

Coupon-mad

uselesspleasehelp wrote: »

So basically bottom line is do papers only, I won’t win, and will have to pay the total inflated cost anyway?

No.

This COULD be won, or at least the costs minimised right down.

If your HUSBAND is made aware of the case and signs the DQ asking for a papers only hearing, then at Witness Statement and evidence stage he could possibly rescue the case enough to win it when the Judge looks at the evidence.

Or at least to persuade the Judge that the added costs are made up, and the PCNs were only £100 each or whatever, not £160 each. That bit is certainly achievable on the papers if hubby makes an effort (NOT YOU, NOT YOUR SON).

Your problem is, you are presenting as a third party who hasn't even told the D he has a claim. Stop asking us if YOU can defend and if YOU are doomed, it's not even your case.

uselesspleasehelp

The tickets were issued by pcm at the beginning of the year. I did the defence by cutting and pasting from defences on here, I’d have to find where I stored
It on my phone. I basically stated there was no loss caused to them, the freedoms act stating can only be charged original amount, no contract agreed. Etc etc, all pointless then really. This was sent about 2 weeks ago, I was just trying to help my son get this cancelled of reduced without court. My hubby helped him by being guarantor after much persuasion but said i don’t want anything happening while this car is in my name, hence he won’t help now, he said tuff just pay, I just wanted to help my son not have to do this

The_Deep

I agree with the above. If family ties are stretched, let your husband deal with it.

FWIIW, even if the scammer won its case, the award is likely to be substantially less than they are claiming. Gladstone are well known for adding unauthorised "extras" to their claims.

Read this

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 in the house as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

The problem has become so widespread 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

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

Coupon-mad

no contract agreed. Etc etc, all pointless then really.

No, not pointless, are you actually reading what we are posting?

I just wanted to help my son not have to do this

And we told you the stage where YOUR HUSBAND can provide evidence to either win the case or at least get all the added £60 removed. Told you what he must do.

No-one has to attend a hearing.

Redx

so YOU have no legal Power Of Attorney, despite his learning difficulties

and your son has no legal involvement so far in this

being a guarantor does not apply to the V5C, it applies to any loan on a vehicle

if your husband was merely a guarantor it would be to the finance company, his name would not be on the log book

because your husbands name is on the log book , he is legally liable, hence this court claim

neither you nor your son can legally act for him, but can merely help him the same way a neighbour or a good samaritan can help him

had you come here before the court case started, we may have told you to tell hubby to name the son as driver for all 4 tickets, then your son would have had the court case


I am not sure that anyone in your family understands the legal implications of what they have done in the past, or now

uselesspleasehelp

Well I don’t necessarily mean me, it’s just how I’ve put it, please don’t have a go at me about it, I’m sorry I’m very new to this, and sorry I’m not very clear. I just don’t see any harm in my putting the defence together and getting my husband to sign it as I’m the one who has been trying to read up and make sense of it all, I just want to help and happy to, I didn’t realise I was doing wrong with this. I’m not signing fraudulently I just did things like ask advice on here, neither of the men involved would know where to start, not everyone is mentally capable and as knowledgeable as people on here and my son certainly couldn’t otherwise I would leave him to do it.

Coupon-mad

I just don’t see any harm in my putting the defence together and getting my husband to sign it

Great, now you are talking, nor do we. And at WS and evidence stage.

Redx

its too late to put any defence together because that has already been done and we would like to see a copy, word for word, which you have not done yet

we are not having a go at you, but are trying to make you understand the legal implications and put you straight on anything that is incorrect

we know that it is new to you, but you arent helping in the way you disclose things, its not even your court case

if you sign anything in this legal matter, you are , repeat ARE, committing fraud or deception, and that could have legal consequences for you

this is not your case, so you cannot sign anything at all in this court case, NOTHING

your husband must sign EVERYTHING, understand ?

now post the defence that was already filed below so people can take a look at it, plus the date it was filed

the next stages are the WS and the EVIDENCE stages, followed by a skeleton argument and a costs schedule (again signed by hubby, not you)

uselesspleasehelp

Oh no I didn’t sign, but it was online anyway.
I’ve no idea how to get the saved money claim form on to this post. I took a photo but that won’t work either.