Claim Form but not the driver

Crystaltips76

Stupidly I didn't but I will email them again to ask if the hearing can be moved to a court somewhere between the Claimant and ourselves and I will include the proof of posting then.

nosferatu1001

No, ask for it to be moved to the court nearest you
PHONE THEM - not email.

Crystaltips76

I have had a very interesting document sent to me from QDR Solicitors. It is a breakdown of the account history and communications they have had with the PPC about this claim. In it they disclose:

via a transcript of an email the PPC have no photographic evidence that there was no ticket on display in the vehicle.

via notes about private calls from the PPC that:
- They are not able to get any metric data from the payment machine to prove that a ticket wasn't purchased
- They are not able to supply copies of the PCN and NTK that has been issued but can only supply QDR with templates that would have been sent
- They believe the POCs to not be POFA compliant
- They believe the NTK is non POFA compliant
- They state that they should pursue the driver and not the keeper
- That ZZPS confirmed that they were aware that the NTK is non compliant
- They want to settle for £60 but don't want to be out of pocket

QDR also question whether they should discontinue the claim.

The client also instructed QDR to try to settle with us which they have not done.

With all this info at my finger tips do you think I should put pressure on them to discontinue using this information against them?

Le_Kirk

Wow, I wonder if you should have had that; was it as a result of a SAR?

Crystaltips76

Yes it was!

1505grandad

As a matter of interest is the "metric" theirs or your wording?

"They are not able to get any metric data from the payment machine"

Coupon-mad

With all this info at my finger tips do you think I should put pressure on them to discontinue using this information against them?

Yes indeedy.

Crystaltips76

That was their wording

Coupon-mad

I thought it was - love it that they've handed you this on a plate! USE IT AS LEVERAGE!

[Deleted User]

If it were me, I'd write to them and give them 7 days to discontinue, failing which, I would then apply to strike out the claim, relying upon their own disclosure and claim your costs of the application and in the defence of the action.

That's aggressive and it's not necessarily an approach everyone should take - the application would cost £255, but the fee should be recoverable.

Or, you tell them that at any hearing you shall make a submission of "no case to answer" - ie this is nonsense and whatever he says can't remedy the documents already exchanged that show there is no evidence.