Payment Didn't Go Through = Fine & Impending Court!

[Deleted User]

Take Screen shots & print the internet stuff. It can be an exhibit to her witness statement.

Spaceconcept

Good call. I'll do that. Thanks.

nigelbb

Spaceconcept wrote: »

It was not an app. My wife didn't bother to download the app, she decided to pay by phone. So there is no proof of payment, only proof of her call to the payment line.

I assume that your wife didn't actually speak to anyone but used the phone keypad to enter card & car park details. Presumably it's correct that the payment didn't go through otherwise there would be an entry on your wife's bank or credit card statement.

Coupon-mad

Anyway, show us your defence like all the other telephone payment ones. If the examples in the NEWBIES thread are not quite right, search the forum for:

defence telephone true

and change your ADVANCED SEARCH to 'show results as posts' (THIS FORUM ONLY).

Spaceconcept

I'm about to send the SAR to Civil Enforcement and then do the AoS.

However, I have realised that the Claim Form is addressed to me and identifies me as the defendant.
The car is in my name.
My wife was the one that parked, called and tried to pay.
Our original correspondence to Civil Enforcement was from her, but then I took over (as she got scared and would've just paid the fine as it increased).
We have identified during early correspondence with Civil Enforcement that she parked the car and called.

Is it relevant who the SAR comes from, me or my wife?

Is it relevant who the AoS comes from, me or my wife?

Coupon-mad

Send a SAR from you AND your wife, with ID for both of you.

Saying that you are the keeper and she is the appellant driver (remind the DPO that she contacted them with the appeal at the outset). Ask for all data held about both of you and the car, all photos, all emails and letters, all case notes, appeal updates, enforcement notes & case file updates, all correspondence about you/your car to debt collectors and any other data held.

Is it relevant who the AoS comes from, me or my wife?

Not just relevant but VITAL you understand that YOU are the Defendant and all the court stuff must come from you.

When your wife appealed - did she give her name and POSTAL address and ID herself as the driver? With postal address?

If so then that gives you a strong defence argument that they are pursuing you as keeper when they knew who the driver was all along.

The_Deep

I think that, if they were to go all the way, they would crash and burn. From what you have told us, your wife breached no contract, and that the alleged contract was frustrated by flaws in the payment system they had put in place.

The fact that they are claiming leads me to believe that they are trying to scam you, I cannot believe that a judge should would not see this. Unfortunately he is unlikely to find that their behaviour was unreasonable so your only way of damaging them, albeit slightly would be to get your MP involved. ]

A complaint to the DVLA/ICO about a data breach for access without case might also have legs.

Spaceconcept

I have updated the SAR as you advise, thanks.

My wife did give her name and postal address and ID herself as the driver when she wrote to them back in May last year.

nigelbb

Spaceconcept wrote: »

I have updated the SAR as you advise, thanks.

My wife did give her name and postal address and ID herself as the driver when she wrote to them back in May last year.

In that case CEL have no cause of action against you. Even assuming that the driver's unpaid parking charge could be transferred to you as the keeper as per POFA 2012 this only applies when the identity of the driver is unknown. You should request that the case is struck out.

Coupon-mad

Yep that can be the first point of your defence.