CCJ set aside, NHS parking fine

KeithP

TyrionN wrote: »

...on the basis that I am not the correct defendant and can prove that...

You have said more than once that you weren't the driver.
You have also stated that you are the Registered Keeper.

Do you realise that the RK can be held liable for the transgression of the driver if the Claimant complies with Schedule 4 of the Protection of Freedoms Act?

In other words, I think you are wrong to be saying "I am not the correct Defendant and can prove it".

That's without considering that anyone can sue anyone else - whether they would win is something else.

TyrionN

Sorry I’m only following the advice from the previous posts, I don’t really understand the law and don’t pretend to....

I have found this in relation to your post:

2.3 Your contract with the driver

‘The most important contract for operators to focus on is the contract that they wish to establish with the driver. Whilst PoFA has introduced some changes regarding liabilities for payment, it is still the driver who is the contracting party in the first instance. However the operator has the right to recover unpaid parking charges from the registered keeper as described under schedule 4 of the Protection of Freedoms Act 2012 if they do not provide a serviceable name and address for the driver. When pursuing outstanding charges, notices that are sent to the registered keeper should make clear the date and time of the incident and should point out to the keeper that they are invited to disclose the details of the driver to you. If the name and/or address supplied is not serviceable in any way, then you have the right to recover unpaid parking charges from the registered keeper’

On the basis that they never attempted to obtain driver details then I’m not sure they have a defence to this? In any event the solicitor I spoke to this morning seems to think they will have a good chance of setting aside the judgement by consent.

twhitehousescat

KeithP wrote: »

You have said more than once that you weren't the driver.
You have also stated that you are the Registered Keeper.

Do you realise that the RK can be held liable for the transgression of the driver if the Claimant complies with Schedule 4 of the Protection of Freedoms Act?

In other words, I think you are wrong to be saying "I am not the correct Defendant and can prove it".

That's without considering that anyone can sue anyone else - whether they would win is something else.

yes , but a NON AOS company placed a notice on his car , then (probably) used a company like "tregs"to go for a hybrid parking/tresspass charge, circumventing the DVLA rules , so I hardly think POFA applies here

TyrionN

henrik777 wrote: »

Payment makes no difference as far as i'm aware.

Consent is best but if it can be done by consent it can also be done by persuading the judge.



Find out when the claim was lodged and, if you can, when the letters were returned as not known. Then progress to, what action did you take to find my new address.

The solicitors appear to be saying they only received correspondence once judgement was obtained, according to the owner of my former address he returned mail to sender, so surely the claim form would have also been returned to sender, is there anyway I can prove this? Would it have been returned to the court or the solicitors?

I appreciate your help with this, thank you

KeithP

twhitehousescat wrote: »

yes , but a NON AOS company placed a notice on his car , then (probably) used a company like "tregs"to go for a hybrid parking/tresspass charge, circumventing the DVLA rules , so I hardly think POFA applies here

Good point twhitehousescat.

No doubt the OP's solicitor will take that into account.

twhitehousescat

who , when asked for data using which method and reason , I smell a tregs settup

henrik777

TyrionN wrote: »

The solicitors appear to be saying they only received correspondence once judgement was obtained, according to the owner of my former address he returned mail to sender, so surely the claim form would have also been returned to sender, is there anyway I can prove this? Would it have been returned to the court or the solicitors?

I appreciate your help with this, thank you

Well if they don't admit it themselves, the only possible source of evidence would be the person who told you (or the person who actually returned things, if different).

A judge would place much less weight to any evidence from a third party (you) than they would to evidence directly from the person who returned it.