County court letter

hayleelou89

I’ll cut a very long story short here: ,There was a lot of domestic violence throughout the relationship with my ex & I finally got the strength to leave Him a year ago but He refused to give me my car back . Between the time of us separating & me getting the car back, He ended up getting countless parking fines (obviously these all came to my address, in my name) Anyway i’v recently received A county court letter from ONE of them & do not know what to do about paying this or if I have to. I’m a single mum with two children so as you can understand this is very worrying. It’s not fair that I’d have to pay for his mistakes, I paid for his mistakes the whole relationship!  Also to mention they have a photo of him driving the car into the carpark . Would this help my case at all?.  Any advise I’d be greatful for . I’ll also mention there is no court date this is basically asking me for £175  & a longish letter to fill out. Thank you.

KeithP

So you have a County Court letter. I'm afraid you have cut the story a little too short.

What is this letter you have received?
Is it a County Court Claim Form?
If so, please tell us the Issue Date on that form?

Le_Kirk

A bit late now but you could have named him as driver on the original PCNs.  You will have to defend the claim as keeper.  Go to the NEWBIE sticky and read the second post which will tell you how to deal with it.  Have you reported the car stolen?  If so, did the police give you a crime number?

Castle

If the ex refused to return the car, I'd suggest that the OP can't be the keeper.

Also, which PPC?

hayleelou89

KeithP said:

So you have a County Court letter. I'm afraid you have cut the story a little too short.

What is this letter you have received?
Is it a County Court Claim Form?
If so, please tell us the Issue Date on that form?

Yes it’s a county court claim form, issue date is 9th March 2020 . 

hayleelou89

Le_Kirk said:

A bit late now but you could have named him as driver on the original PCNs.  You will have to defend the claim as keeper.  Go to the NEWBIE sticky and read the second post which will tell you how to deal with it.  Have you reported the car stolen?  If so, did the police give you a crime number?

Yes I reported it as stolen , and then they arrested him in the car and that’s how I got my car back . Thanks for the advise I’ll give it a read . There’s a number of parking tickets gone to debt collectors I did ring them and say he was driving and to try pass this over but they was having none of it and said I’m the registered keeper  x

hayleelou89

Castle said:

If the ex refused to return the car, I'd suggest that the OP can't be the keeper.

Also, which PPC?

Im the registered keeper of the car . He got arrested init and police gave me it back . What’s a OP Or a PPC please ? I’m new to this ?. Thanks 

KeithP

OP = Original Poster, i.e. you.

PPC = Private Parking Company.

Whilst you may well have been the Registered Keeper at the time of these parking incidents, it can clearly be proved that you were not the keeper for the purposes of Schedule 4 of The Protection of Freedoms Act 2012.

I suggest that may well be one of the strongest points of your Defence.

With a Claim Issue Date of 9th March, you have until Monday 30th March to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

Having filed an AoS, you have until 4pm on Tuesday 14th April 2020 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To file both an AoS and a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Guidance on creating a Defence is also in that thread - in the first post on that thread.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Fruitcake

Olibird, this is not your thread. Please delete your post by using the cog-like edit button near the top right of it.

Then, read the sticky thread for NEWBIES that asks you to read it before posting. Start your own thread if you need further help.

Coupon-mad

hayleelou89 said:

Le_Kirk said:

A bit late now but you could have named him as driver on the original PCNs.  You will have to defend the claim as keeper.  Go to the NEWBIE sticky and read the second post which will tell you how to deal with it.  Have you reported the car stolen?  If so, did the police give you a crime number?

Yes I reported it as stolen , and then they arrested him in the car and that’s how I got my car back . Thanks for the advise I’ll give it a read . There’s a number of parking tickets gone to debt collectors I did ring them and say he was driving and to try pass this over but they was having none of it and said I’m the registered keeper  x

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Right to claim unpaid parking charges from keeper of vehicle

4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(2)The right under this paragraph applies only if—

(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and

(b)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.

(3)For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.