County Court Defence Help Please

KeithP

dollydoodar wrote: »

I received the SAR from popla today...

Did you really send a Subject Access Request to PoPLA, and have now received a response?

dollydoodar

Yes I did. You sound surprised??

When I asked for SAR from civil enforcement, I was not sent the popla appeal paperwork, I had to ask for SAR to popla to get this and then popla sent me every bit of paperwork pertaining to the case. is this an insult? why didn't they just send me everything in the first place?

Coupon-mad

dollydoodar wrote: »

I received the SAR from popla today and although they state that I admit to being the driver, I do not. I do say "I did not realise that the car park had new rules and that I needed to present the car park ticket at the till for free parking or else I would of done so" and I did do those things but that is not admitting to being the driver, is it? I think they're just trying their luck...

I agree. Make a formal complaint to POPLA and tell them:

It is a manual van which I am unable to drive due to disability.

...and point out that the Assessor was never entitled to guess (horribly wrongly) that you were driving, just because you were a passenger who talked about getting a ticket validated when shopping (as any shopper would). They were not entitled to decide that shopper was the driver, because you said in the appeal at the start a point of fact that was never rebutted by any evidence:

The Defendant was not the driver of said vehicle.

ask POPLA whether their position nowadays is that disabled people have to prove they were not driving, and are not believed when they start their appeal with the honest position that they were NOT, then merely talk about being a shopper/visitor.

Say that their consideration of the points was cursory, and based upon incorrect assumption, and you consider it discriminatory, and that you require an apology for the horrendous error that now sees you with a court claim threat and has caused you huge distress.

dollydoodar

Thank you. I will wait for the court date and hopefully it will never come....:j

dollydoodar

This is exactly what I wrote. Can someone throw some light on what section 12 is about as I cannot find this section 12 in any of the evidence. Thanks...

https://ibb.co/WyK8stQ

https://ibb.co/pngCsbL

Coupon-mad

Not sure but you did write 'I have been parking...'! No wonder they were confused.

What stage is the more urgent matter of your court claim at?

dollydoodar

Well I have been parking there a long time, sometimes in other people's vehicles and sometimes in my own vehicle and sometimes I am the driver but I wasn't the driver this time...:)

nosferatu1001

What stage is your court claim at?

dollydoodar

nosferatu1001 wrote: »

What stage is your court claim at?

I am waiting to see if i get a court date...

KeithP

dollydoodar wrote: »

I am waiting to see if i get a court date...

Are you saying that you have had a County Court Claim, filed a Defence, filed a Directions Questionnaire and are now waiting for your local County Court to assign you a hearing date?

Please show us the Defence that you have filed.