Claim form - admitted driving but wasn’t

Tinojino

Hi everyone,

First of all sorry for starting a new thread when this may have been asked before. I can’t find anything using the advanced search/reading through previous posts.

I received a claim form dated 22/1 about a PCN from last July that BWL have been pursuing since around September.

I spoke to them on the phone at some point during December (they called me) and I explained what had happened on the day which entailed me admitting driving.

However, I was confused (massively sleep deprived new mum) and I actually wasn’t driving on the day of the PCN, the car in question is not even the car I use day to day, I’m just the registered keeper.

So I suppose what I am asking is:

Is there any point in trying to defend it seeing as I’ve already admitted driving? And..

If there is a point, should I address my confusion in my defence?

Thanks for taking the time to read.

waamo

Are they persuing you as the driver or as the registered keeper? They are legally allowed to chase either.

What does the claim say, does it mention POFA?

The_Deep

If you told them you were driving and you were not simply say you made a mistake, it is no big deal. No judge is going to hold you to a misspeak, Donald Trump makes them all the time. Complain to your MP.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons 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.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

nosferatu1001

DO yo uhave any proof you were not the driver?
Direct - you werent at the lcoation as proved by....

The_Deep

nosferatu1001 wrote: »

DO yo uhave any proof you were not the driver?
Direct - you werent at the lcoation as proved by....

Better still, do the PPC have any proof that you were?

Tinojino

I’m not sure, I don’t have any of the original letters, just the stuff from BLW and it doesn’t mention it on any of that or on the claim form.

Also it doesn’t mention POFA.

Tinojino

No I have no proof of this.

Tinojino

They may have proof that I was at the location if they have CCTV, but not that I was driving.

waamo

Highly unlikely they have cctv. Can you copy out the particulars of claim? One of your defence points may well be that it isn't clear on what grounds they are asking you to pay.

Tinojino

The Claimants Claim is for the sum of £***.** being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) for a parking contravention which occurred on **/07/2018 in the private car park/land located at ______________ in relation to a vehicle, ___________ registration mark __________. The Defensant was allowed 28 days from PCN to pay the PCN, but failed to do so.
Despite demand having been made, the Defendant has failed to settle their liability. A
The Claim also includes Statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.04 from **/07/2018 to 21/01/2019 being an amount of £*.**. The Claimant’s claim also includes £60.00 costs as set out in the Terms and Conditions.

KeithP

What is the Issue Date on your Claim Form?

Was it sent from the County Court Business Centre in Northampton, or from somewhere else?