PCN breach of contract

D_P_Dance

If you were not the keeper then you have a one line defence in court, and/or a slam dunk PoPLA win.  I would recommend a counter claim  for data breach/harassment if it gets that far.

Coupon-mad

Counter claim, definitely, in your case, for at least £250, if not more. 

I can write one for you (free) but it has to be attached to the defence and filed at the same time and will cost you £60 as a punt which you then phone up and pay to the CCBC to make your counter claim 'live' - but your case is a VERY strong one.

Send me a pm if you want a counterclaim as it will remind me, as replying on here is one of hundreds...


In your template defence (using the forum download one) put this stuff in #16, #17 and #18 and move the other numbering down, but change ''I'' to the Defendant'' and do a spell-check as you misspelled 'assured',  'receiving', 'receipt' and 'alleged', which I have put right in my quote below (and the forum quote is not working in this reply...gaaah!):

I was erroneously named as the driver by the Keeper (my employer) even though I was medically unfit to drive at the time and my car was used as a pool car. I am assured by the driver that parking was paid - they probably entered the wrong reg. The parking is barrierless, ticketless and relies wholly on the honesty of the PPC not to issue a PCN.

The machines are not linked to the ANPR and there is no check on site that a reg number entered corresponds to the cars in the car park. There is no consumer protection at all. I have photographic and video evidence of all of this.

The machines apparently do issue a receipt but this has not been retained (50p). The signage makes no reference to keep the receipt and implies it is not required for the parking contract.

On receiving the PCN I responded as not being the driver. As this would go back to my employer, I offered to pay the amount claimed (as a good will gesture, nothing more) on behalf of the driver, if the PPC could produce any evidence payment wasn't made - PDT printouts, video, photos - anything. They flatly refused to co-operate and escalated the case against me.

I have continued to respond to every subsequent claim, reaffirming that I am not the driver and that they have no contract with me. We currently stand at around £250 claim for a 50p alleged underpayment and LoC.

I can fully evidence my medical situation at the time of the parking.

nosferatu1001

You will also need to evidneec the fact the car was a POOL CAR
This is needed as it means you could not be the keeper. 

D_P_Dance

Why does one have to prove anything?.  Surely it falls to the claimant to prove that the OP was the keeper.  An out od date notification from the DVLA does nor do that.  

Coupon-mad

D_P_Dance said:

Why does one have to prove anything?.  Surely it falls to the claimant to prove that the OP was the keeper.  An out of date notification from the DVLA does nor do that.  

Because he can do a counter claim for £££ in his position,  and because court is all about the evidence...

Coffee_Please

Thanks everyone for your replies, can't thank you enough for your help. Currently working on putting all this together in my response to BW Legal. SARs request went off so may get something back on that eventually.

This whole situation is nothing more than a scam. The car park is a 'honey trap' for unsuspecting motorists.

nosferatu1001

D_P_Dance said:

Why does one have to prove anything?.  Surely it falls to the claimant to prove that the OP was the keeper.  An out od date notification from the DVLA does nor do that.  

Because small claims like ALL courts thrives on documents
The Keeper of a car is a relatively nebulous term - person usually in charge of the car. Nothing to do with the DVLA at all. There is a *presumption* that the RK is the keeper, but thats NOT what we're trying to get the OP to prove - we're getting the op to prove they were not the driver and they were NOT the keeper. As so they have *no* possible liabilty, and if the C is foolish should allow an easy counterclaim. They have NO reasonabel cause to take this to court. None. 

Coffee_Please

nosferatu1001 said:

You will also need to evidneec the fact the car was a POOL CAR
This is needed as it means you could not be the keeper. 

Unfortunately I have no way to evidence this.

I am without a car at the moment through being medically unfit. We are a small company, if I can not use a car, someone else will. It's similar to the PCN situation. Either the company pays it and takes the money out of my wages, or I fight it. The car is officially in my name. Nothing I can do other than evidence my situation and make the PPC prove their claim.

Castle

Coffee_Please said:

A little background on the case....

I was erroneously named as the driver by the Keeper (my employer) even though I was medically unfit to drive at the time and my car was used as a pool car. I

If you are the RK, why did your employer get involved?

Coffee_Please

Castle said:

If you are the RK, why did your employer get involved?

I'm not the RK, my employer is.