PCN, driver not registered keeper DCBL

Umkomaas

@Nosy - you do know that your counterclaim must be submitted with your defence and will have to be accompanied by the appropriate court filing fee - £35 for £500?

https://www.gov.uk/make-court-claim-for-money/court-fees

Issuing a CC means that the PPC has to defend it, or you win it by default, which you can enforce.  They cannot afford to ignore it, or you .... and you start to turn the tables and take a bit more control over them!  I don't think Walt will like that!

Please note that you can't issue a CC after the defence has been submitted. 

Coupon-mad

Coupon-mad said:

Reply and tell them that their client will face a £500 counterclaim in that case, because they are knowingly harassing and processing the data of the wrong person, without reasonable cause (breaching the KADOE as well as the DPA 2018).  The BPA Parking News article (already provided to narrow the issue) shows that the parking industry are well aware that they can't arbitrarily impose a 28 day 'limit' on transferring liability before court action.

Copy in the parking firm, to be sure they know the risk their legal firm is taking.

I see you did send this, which is good, because the counterclaim will be better if they were warned, pre-court.

For how to write a counterclaim (and the form of words to use) immediately under a defence, see the thread by @ellaro9

nosferatu1001

Yes they did C-M - see previous page
EXACTLY follow the above. You will need to call the CCBC up to PAY for the CC. 

Nosy

The claimant is claiming £320 for total PCN and damages, interest at a rate of 8% per anum and court fees.

concern is that the RK is not the best person to defend this claim with the paperwork and going to the hearing, etc. The driver is able to help the RK with all paperwork and claim, is there anyway that the RK can hand that responsibility to the driver to deal with officially?

Nosy

The SAR revealed 4 outstanding PCN's under the name of the RK but the claim is for 2 out of the 4 PCN's outstanding. 

Redx

Not if there are claims in the name of the keeper

If the keeper is in the dock , the keeper needs to be present , but a lay rep can usually assist the keeper , with permission from the judge

The time to get out from under it and let a Driver deal with it is prior to any court claim , so the person who is named on the claim must defend it once a court claim is issued

nosferatu1001

The defendant has no choice in the matter. Unless they pay they will be at a hearing. However most hearings are remote, and they can have a lay rep do all the speaking for them 

Nosy

Has anyone been in a simmilar situation ? Can someone help me with a defence please? I have the template from newbies thread im not sure if the same can be used for this situation 

KeithP

Nosy said:

I have the template from newbies thread I'm not sure if the same can be used for this situation.

Yes it can.

nosferatu1001

That's why it's a rem0late. Your job is to read and understand it, and then show us what you have changed.