PCN County Court Claim - Please help

KayTanner

Thanks for all the advice, I will get onto the above immediately.

In the meantime I will continue to read other threads mentioned .



If I do lose the case, what does this mean for my husbands credit rating? Does he get a CCJ against him??

Le_Kirk

It is not your case to lose; it is HIS case, he must defend it in his name, although you can, of course assist. If the case is lost, providing the judgment is paid within the time scales set by the judge, there will be no CCJ.

KeithP

KayTanner wrote: »

If I do lose the case, what does this mean for my husbands credit rating? Does he get a CCJ against him??

Only if he then fails to pay what the judge orders within the timescale allowed.

And to emphasise again... it is your husband's case to fight, not yours. Everything must be done in his name and with his signature when needed. As the Defendant, it is your husband that must attend any hearing.

KayTanner

Sorry, I of course understand this is his case as registered keeper. Slip of the tongue as he was not the driver.

Redx

If they failed POFA then the defendant has no liability and the wrong person is in the dock , so check their PCN and NTK against POFA 2012

It's too late to name the driver (before you ask)

Be careful with the slips of the tongue , there is no I , no me , no myself , no I

It's his name on the court claim , as registered keeper of the vehicle , so he defends it , you are a helper and advisor , same as we are

Edit your last post , state that he was not the driver , somebody else was driving , no specifics

KayTanner

AOS completed by registered owner.

SAR letter drafted to be sent with copies of claim form, and redacted utility bill.


[FONT=&quot][/FONT][FONT=&quot][/FONT]
[FONT=&quot]Local Parking Security Ltd, Clifford House, Montague Road, Warwick, Warwickshire, CV34 5LW[/FONT]
[FONT=&quot]Dear Sir or Madam[/FONT]
[FONT=&quot]Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )[/FONT][FONT=&quot][/FONT]
[FONT=&quot]Please supply the data about me that I am entitled to under data protection law relating to myself.[/FONT]
[FONT=&quot]If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.[/FONT]
[FONT=&quot]If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.[/FONT]
[FONT=&quot]Yours faithfully[/FONT]




Presumably next move is to create a defense. What evidence would be best?

KeithP

KayTanner wrote: »

Presumably next move is to create a defense. What evidence would be best?

Yes of course that is the next thing to do. Your husband already has a target date to meet.

There is no 's' in Defence.

There are seventeen examples of Defences linked from post #2 of the NEWBIES thread. Find a suitable one and adjust to suit your husband's situation.

You will also read in that NEWBIES post that evidence comes later - some time in 2020.

Coupon-mad

There is an example in the NEWBIES thread about a hidden keypad at the Odeon. It can be adapted by you, as it is like your case if there was a secret way to exempt your car inside the restaurant but it wasn't prominent or transparent.

Also, at the start he needs to state that he was not the driver and use the wording about the POFA and 'no keeper liability, that you will find well written in the defence example written by Johnersh.

Put the two together and change the name of the parking firm an the facts so it all makes sense and show us the draft! These defences win, we know what we are doing, a long as the Defendant realises there are further stages after this 'relatively easy once you've done the required reading' stage.