Defending for a first time

Ralf99

Hi,

I have received a Court Claim form and have to AoS until 5th of August.
I’ve parked on a private land displaying the visitors permit but outside the parking bay. I am a leaseholder and a resident and parked this way to avoid sap and droppings falling off the nearby tree.

I’ve made mistake and appealed to UKCPM without reading your forum and naively hoping for a common sense. In that have said that “I am a resident and for a past six months I had to pull slightly forward out of the bay to prevent my paintwork being damaged..”.

I haven’t said I was the driver and genuinely I wasn’t the driver. I’m not the keeper either.

When I asked for information from their solicitor they said they pursuing me as a registered keeper and assume they I was a driver since I haven’t nominated one.
I replied I’m neither of those but they referred to my first appeal saying that I admitted I am a driver.

Question:
Can I defend myself that I wasn’t a driver?
(If my statement was taken as an admission then their statement should also be treated as one I think).

Thank you for any advice in advance

Le_Kirk

What paperwork have you received prior to the court papers? If you are not the keeper, why have you received court papers? If you were not the driver, who is the "I" who had to pull slightly forward to avoid sap.

Ralf99

I have replied to the PCN but my wife is a keeper and was driving the car.
Our son was 6months old so she couldn’t deal with the stress of dealing with PCN.
We’re both on the car insurance but “I” in the appeal referrers to me that’s why all the correspondence was sent to me without them checking who is the registered keeper.
I have received numerous reminders from UKCPM, DRP and Gladstones solicitors. I went through the procedure on the Newbie thread. I received LBC.

Redx

So to be clear, is it the keepers name on the claim form or is it yours ?

It appears that you are neither the driver or keeper

What is the issue date from the top right of the claim form ?

What are the charges breakdown and total amount due on the claim form ?

The defendant should email a SAR to the DPO at the PPC to get all the documents and pictures and data about the PNC etc

Ralf99

Yes, name on the claim form is mine.
Issue date is 17th of July.
Charges:
Two PCNs with 8% interests (£100+£60+8%)x2 = £363.03
Court fee =£35
Legal representation =£50
Total =£448.03
There were two PCNs issued for the same issue two days apart

I have received partial SAR with pictures but they stated there they pursue me as a keeper. There’s more issues I have with this claim which I’m gonna put in my defence statement and post it in here later asking all the good will people to read ..

Ralf99

Correction:
They pursue me as a keeper and assume I was a driver. Wording:
“Your details were provided as the registered keeper of VRN involved when a request was made to the DVLA. On the enclosed correspondence you were provided with the opportunity to nominate a driver. As we are yet to receive any information; our Client therefore avers, given your lack of response, that you as the registered keeper of the vehicle were also the driver on the date of the incident. “

bargepole

Ralf99 wrote: »

Correction:
They pursue me as a keeper and assume I was a driver. Wording:
“Your details were provided as the registered keeper of VRN involved when a request was made to the DVLA. On the enclosed correspondence you were provided with the opportunity to nominate a driver. As we are yet to receive any information; our Client therefore avers, given your lack of response, that you as the registered keeper of the vehicle were also the driver on the date of the incident. “

You need to forget about all this keeper and driver nonsense. You have already admitted to being the driver, and in any event, in a residential situation, the key defence is the fact that your lease most likely gives you a right to park, which cannot be varied by anything displayed on the PPC signage.

Search the forum for recent defences using the words 'primacy of contract'. That is the way forward.

Ralf99

I replied:
“I was neither a registered keeper nor the driver of the vehicle involved at the time of alleged contravention. As you state in your reply that the driver is not identified and your client has made assumption that I am the driver. I have contacted UKCPM as the leaseholder of the land and a Visitor Permit holder. Your client has failed to meet the requirements of The Protection of Freedoms Act.
Now, unless you have evidence of me being the driver and continue your case on that basis then you should immediately desist from further interest in this PCN and clear my personal data from your records.
To continue in these circumstances will be presented to the court as being vexatious in nature and a higher cost amount will be presented to the court. I may even add a counterclaim for the unreasonable use of my personal details if, and when the claim goes ahead from your collections company. “

Ralf99

Thank you for that.

Ralf99

Can I still add a counterclaim for using my personal data or only £95 for a lost income?

Redx

I doubt that a counter claim would be worthwhile, probably be foolhardy and a waste of your money, the costs are limited to around £95

Your biggest mistake was in replying to a letter that wasn't even in your name

You would be wise to follow the advice by bargepole