Parking ticket from VCS and rejected appeal as keeper (not driver) - next steps?

nosferatu1001

Your defence isnt "all about" abuse of process. THe template defence has a ton more than that in there, as abuse of process isnt a g'tee strike of the whole claim, and is not strictly a defence to the underlying claim so would not be pleaded by itself. 
Of course they cannot identify the driver
Of course that HELPS, given if they dont know who the driver is, the only law they have that can hold a keeper liable is POFA2012, adn we know - and you do - that VCS dont use it, nor do they comply with it if they later claim to use it.
You dont have to offer any information. You can of course be asked questions, and you then have to answer

Redx

Sometimes it's better for a driver to lose POFA and argue the case as an admitted driver , because you could be asked in Court and perjury is a criminal offence

POFA is useful for a keeper who was not the driver

Abuse of process addresses the spurious charges , not the core item , so not the PCN

Those 2 paragraphs help you to address the issues regarding the PCN , which is what the Court claim is about

Le_Kirk

The abuse of process is not designed as a defence.  It is there to limit the damage should the unthinkable happen and you lose the case.  Your defence has to stand on its own merits and the is normally enough in the template defence PLUS what you write in paragraphs 17 & 18.  You could have been a passenger in the car or you could have had an in-depth discussion with the driver after your received the PCN.  Just ask yourself this "what am I going to say to the judge if he/she says to me '88engine were you driving on the day in question?'"

88engine

Many thanks all, that helps. And I will of course speak the truth if and when asked. 

88engine

Update for you on this case. I filed my defence and have now received the Notice of Proposed Allocation to the Small Claims Track and Directions Questionnaire. I know there's a forum post about this questionnaire, so will be following that to complete it (https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411). 

nosferatu1001

Newbies has the complete guide, no need to post every update, just if you get a question

Make sure you keep an eye out for the next steps; if you dont get an allocation within a month, check with teh CCBC in case it got lost. 

88engine

Newbies thread says to send a copy back to the courts AND the claimant, while the questionnaire itself just asks for the form to be returned to the courts. Which is correct?

Le_Kirk

You will find the instruction to send it to claimant on the N149A

You must by DD/MM/YY complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

Link to N149A: -

https://www.moneyclaimsuk.co.uk/PDFForms/N149A.pdf

nosferatu1001

We are correct. 
The big, big clue is: you got a copy from the claimant. 
The entire thrust of the court process is you see everythign they send to the court, and they see everythign you do. This is a really obvious concept. 

Coupon-mad

The N149A guidance on the DQ, says what Le_Kirk says it does.  How do people miss this so often?